Study On The Intellectual Property’s Statutory Compensation

The intangibility of intellectual property, the difficulty of determining damage and the low efficiency of litigation have lead to the trouble in calculating the amount of intellectual property’s compensation. In order to safeguard the interests of right holders, the statutory compensation system came into being. The statutory compensation system get more and more favored by the judges, but there are still many substantive and procedural issues. Trough the method of comparison and case study, this paper will put forward some recommendations to the problem proposed in this paper.In substantive aspects, the best amount of application is the extent type. Statutory compensation and other damage compensation can not be used together. It’s better to raise the upper limit of the statutory compensation and reduce its lower limit. Reasonable expenses and compensation for moral damages should not be included in the amount of the statutory compensation. Parties can also request the application of the statutory compensation system. This paper will classify actors affecting the amount of the statutory compensation, and try to analysis the importance of these factors. In procedural aspects, parties’burden of proof should be lowered and their appeal or retrial should be reasonably restricted. What’s more, malicious litigation should be avoided by improving the statutory compensation system.This paper will systematically study the substantive and procedural aspects of the statutory compensation system and make effort to strengthen the feasibility of the statutory compensation’s reference factors, which is the innovation of the paper. Although these suggestions are imperfect, they contribute to unifying provisions of the statutory compensation, limit malicious litigation and provide trial with a reliable standard.