Research On The Valuation Method Of Patent Infringement Compensation Value

2021 is the beginning of the 14 th five year plan.For the intellectual property work in the next five years,China has made clear deployment and relevant plans in top-level design,institutional mechanism,deepening reform and infrastructure construction.China emphasizes that it should insist on innovation driven development,promote the transformation of intellectual property from quantity to quality improvement,and fully highlight the important role of intellectual property in the national economic and social development.Patent right,as a typical representative of intellectual property,has developed very rapidly in recent years.However,the infringement of patent cases has increased year by year,and the legitimate rights and interests of many rights and interests of many rights are infringed.In the field of patent infringement compensation,the effective determination of the compensation value is the foothold to protect the legitimate rights and interests of the oblige.At present,the patent law of our country can determine the value of tort compensation in four ways,namely,the actual loss law,the tort profit law,the license fee law and the legal compensation law,among which the first three are also called the illegal determination of compensation law.Although the non statutory compensation law can objectively reflect the true loss of profits of the oblige,due to the harsh application conditions of the method and the lack of professional evaluation professionals,the application rate in the practical cases is very low,so more than 90% of patent infringement disputes in China are finally judged by the legal compensation method,while the compensation value under the legal compensation law is low,Often,the "ten claims and nine deficiencies" are not good,so the legitimate rights and interests of the oblige are difficult to be guaranteed.In view of this phenomenon,the newly revised Patent Law in2020 has made corresponding changes in the field of patent infringement compensation.It not only adds a punitive compensation system,greatly increases the amount of legal tort compensation,but also improves the evidence rules to create conditions for the application of illegal compensation methods.Therefore,in the future patent infringement compensation cases,the application of professional evaluation knowledge to improve the applicability of the illegal compensation law,and to improve the rationality of the legal compensation law is an effective way to solve the problems of low compensation value and the legal rights and interests of the oblige.Firstly,the paper sorts out the application of the evaluation methods of patent infringement compensation in various countries at home and abroad,then analyzes the problems existing in the practical application of our country,and then puts forward suggestions for improvement according to the excellent experience abroad.Finally,taking the patent infringement disputes involved by Ninestar company as an example,the process of compensation value analysis is simulated,In order to provide the evaluation ideas of illegal compensation for patent infringement cases in the future.The specific structure of the paper is as follows: the first chapter is the introduction,which introduces the background,significance,method content and innovation difficulties of the whole research.The second chapter introduces the current situation of patent infringement compensation,the comparison between the revision of patent law and other related contents.The third chapter summarizes and summarizes the methods of patent infringement compensation in the five countries of Germany,Japan and the UK,and compares and analyzes the similarities and differences in the compensation methods at home and abroad.In this process,it not only clarifies the advantages of the corresponding methods in each country,but also knows the shortcomings of the application of the methods in China.Chapter four analyzes the problems of patent infringement compensation evaluation from the methods and application level,and puts forward some suggestions for the improvement of the current evaluation of the infringement compensation in combination with the practice of tort compensation in China.Chapter five analyzes the applicability of traditional evaluation methods in the field of tort compensation,expounds the difference between the evaluation object,the purpose and the benchmark date of the appraisal,and concludes the relevance between the traditional and the evaluation methods in the field of tort compensation,and establishes a bridge between the traditional evaluation method and the patent infringement compensation evaluation method,It is helpful to strengthen the scientific rationality of the evaluation results and provide theoretical basis for the next chapter of case analysis.Chapter six starts with the case of patent infringement dispute between Ninestar and Sich company,and combines the improvement suggestions of relevant methods proposed in Chapter 4,and analyzes the value of tort compensation by illegal evaluation method,trying to provide the evaluation ideas for the future case treatment.Chapter seven is the conclusion of the study and the shortcomings in the study.The innovation of this paper is to use the improved method to simulate and analyze the compensation value from the real cases of infringement.On the one hand,it verifies the rationality of the improved method,and provides reference for further improvement of the relevant laws of patent infringement compensation.On the other hand,the determination of the value of tort compensation involves a lot of evaluation knowledge,It provides reference for the introduction of third-party professional evaluation institutions and personnel in tort disputes.