Research On The Reasonable Expenses In Intellectual Property Infringement Damage Compensation

There is no relevant provisions of the reasonable expenses in Intellectual property infringement damages compensation at the beginning of establishment of intellectual property legal system in China, while with the relevant provisions emerged in the international covenant, our relevant regulations came into being on the basis of steady improvements in the legal system of intellectual property rights and constant strengthening in protecting the holder of the intellectual property rights. The regulation of the reasonable expenses in intellectual property infringement damages in China has come into effect for quite a long time up to now. But the trial standards of the scope of reasonable expenses are not uniform in the trial practice, and the implement force for the reasonable expenses compensation is also insufficient. In my opinion, this is due to the unclear provisions of our reasonable expenses rules, but also due to the lack of executive force in the intellectual property infringement damages compensation in China for the long time. Based on the principle of full compensation of tort damages, I believe that all the related expenses generated in the necessary litigation activities by the holders of the intellectual property rights to stop the infringing acts should be considered within the reasonable expenses range, such as notary fees, purchasing infringing goods or services, query fee , travel expenses, lawyer's fee, legal cost, translation fee, appraisal fee, audit fee, etc.Since the legal cost is singled out in civil judgments, therefore the legal fees are listed separately, not included in the reasonable expenses range, in the judgments of IPR infringement cases. And other reasonable expenses, depending on the calculation of different damages, set out in the judgments in different ways. The reasonable expenses should be singled out under the circumstances of the oblige loss, the infringer profits, and intellectual property permission costs; While the reasonable expenses have been included in the amount of compensation, not to be singled out when compensating according to the legal rules.To perfect the reasonable expenses system in our intellectual property rights infringement damages, further detailed provisions should be made on the scope of reasonable expenses in the relevant laws and regulations and judicial interpretations, meanwhile the executive force of the reasonable compensation for expenses should be tightened in the trial.