Research On The Determination Of Damage Compensation For Trademark Infringement

As a special civil right,trademark right is different from the property rights in the general sense and with the biggest characteristic of intangibility.In addition,due to the concealment and complexity of the infringement of trademark rights,the damage of trademark rights is usually quite abstract,which leads to more difficulties in determining the compensation for trademark infringement than it for traditional infringements.With the continuous improvement of Chinese Law and the promulgation of relevant judicial interpretations,the damage compensation system for trademark infringement has been greatly improved.However,there are still many difficulties in the determination of reasonable damage compensation in trademark infringement disputes.By using the method of analyzing document information,the author firstly carries out reading about the research content,summarizes the overseas and domestic research status of determination of damage compensation for trademark infringement and makes explanation as well as commentary.Following a brief overview,the paper summarizes the legislation status of determining the damage compensation for trademark infringement in China.After making a deep analysis of 2257 cases about trademark infringement dispute and summarizing the subject of litigation,litigation claims,evidence,judgment results and other relevant elements,the problems existing in the process of determining the damage compensation for trademark infringement are clarified.In the last part of the paper,the author puts forward some suggestions such as quantifying statutory factors of compensation,unifying judicial rules,improving batch trial mechanism and so on in order to solve the problems in determining the damages compensation for trademark infringement in judicial practice through learning foreign experience.On this basis,from the perspective of the latest legal provisions and relevant judicial interpretations on determination damage compensation for trademark infringement of China,some legislative suggestions are put forward.