Theory Of China’s Trademark Law In The Improvement Of Statutory Compensation System

As an indepentent and important legal system in trademark law,statutory compensation plays an important role all the time. Damages caused by ordinary civil torts is easy to calculate. However, in trademark infringement, the object infringed is intangible intellectual achievements, which determines the characteristics of trademark infringement, that is, difficult to obtain evidence, difficult to prove loss. Obligee finds it difficult to prove the specific amount of losses suffered, and judges also find it difficult to determine the amount of compensation for infringer. If things go on like this, not only the interests of the obligee cannot be protected, also litigation resources of the people’s court are wasted. In this case, statutory compensation system can solve the problem. When the losses of infringement are difficult to calculate, people’s court can use statutory damages to estimate the economic loss of the obligee. Although the statutory damages system has a special position in trademark infringement damages, it cannot cover its existing problems.The statutory damages system is widely criticized for its use of generalization, the low amount of compensation, and excessive discretions of judges. The reasons for this criticism are rooted in late start and rapid development of statutory damages system, and the immature legislation in China.Based on both theory and the judicial practice, this paper analyzes the problems of the statutory damages system in China, and proposes suggestions from three aspects to improve this system. The first part of this paper mainly discusses the concrete problems in the judicial practice caused by imperfect legislation reference factors in China, and the writer puts forward her own suggestions; the second part of this paper proposes that our country should establish the unit of measurement of statutory damages with the object of right as standard, based on the current theoretical research on the standard of measurement of statutory damages of our country, and foreign legislative experience; the last part of this paper puts forward suggestions according to the specific application of time, order in statutory damages for the parties involved in China.