Research On The Damages Compensation System Of Counterfeit Trademark Infringement ——Based On The Judgments Of S Province From 2014 To 2021

As the symbol of carrying enterprise goodwill,trademark plays an irreplaceable role in the market economic activities of enterprise.However,due to the simple way and the low cost of trademark infringement,the torts is still widespread even though it is prohibited.In practice,the most rampant infringement is counterfeit trademark.In order to deal with the increasing number of trademark infringement lawsuits and give full play to the role of the damage compensation system,China’s Trademark Law has been amended for four times,including the provision of punitive damages,raising the statutory damages limit,but from the perspective of application,these methods have not solved the problems.Based on counterfeit trademark infringement cases as the breakthrough point,this thesis analyzes the basic theory of the damage compensation system,focusing on 1761 cases in Shandong Province.According to the problems presented by these cases,this thesis also put forward targeted suggestions in order to improve the development of the system.The main body of this thesis is divided into three parts.The first part is the theoretical basis,centering on the legitimacy and basic principles of the damage compensation system,and the institutional spirit of this part runs through the whole thesis.The second part is the empirical analysis,this part involves the analysis of the whole situation of the case,the analysis of the plaintiff’s claim,the analysis of the court’s judgment and the analysis of the final applicable compensation method.According to these analyses,we can know that there are some problems of this system in our country,such as unreasonable order of compensation,excessive application of statutory compensation and difficult application of punitive compensation.The third part focus on the improvement of the system.This thesis puts forward suggestions on the improvement of the system from three aspects: canceling the order of legal application,optimizing the application of statutory damages and improving the applicability of punitive damages.The legislation on the order of application limits the parties’ right of choice,and cancelling the order of application can avoid the contradiction with practice.Optimizing the application of statutory damages,including strengthening the burden of proof of the party concerned,reasonably limiting the applicable conditions of statutory compensation and fully explaining the case,so that the party concerned can decide whether to apply statutory compensation according to their own situation.To improve the applicability of punitive damages,it is necessary to clarify the relationship between punitive damages and l statutory damages.China could consider a fusion model to make statutory damages return to compensatory damages and give full play to the compensation function.The calculation base is of great significance to determine the application of damages,which can be determined by clarifying the composition,unifying the identification standard and determining the factors to consider,so as to improve the applicability of punitive damages in counterfeit trademark infringement cases.Solving the problems of counterfeit trademark infringement cases can not only refine the path of case trial,but also make the compensation system more operable.Moreover,it can strengthen the protection of trademark holder and containment of the infringer,strengthen the protection of trademark rights,improve the credibility of the judicial,promote legal construction in China.