Intellectual Property Infringement Compensation Problem Of Evidence Used In Research

Intellectual property infringement litigation compensation amount low of status, led to infringement people malicious infringement, and repeat infringement of phenomenon is serious, and actual case in the too much rely on statutory compensation of status, gave birth to has right people commercial activist of phenomenon, to court brings has is big of work burden, in turn also makes Court in judgment further reduced damage compensation amount, eventually makes social overall formed not respect intellectual property of atmosphere.Intellectual property infringement damages too low when the root cause is the right person in the proceedings, failure to adduce evidence to prove that damages, excessive reliance on statutory compensation, lead the Court when sentencing "no evidence", the corresponding amounts are relatively low, while the lower amounts, the enthusiasm in turn lost the rights to collect evidence.In the existing legal provisions on intellectual property, actual damages, infringement,license fee derived from multiple, statutory compensation for damages based on the different compensation basis corresponding to different kinds of evidence, the right people through positive proof, you can obtain considerable damages in intellectual property infringement.Intellectual property is a intangible property, while is a civil private right, in intellectual property infringement trial in the, must followed general civil case of basic proof principles, and civil program of development is based on traditional civil disputes,that tangible real disputes development and to of, will civil program transplant to has intangible of intellectual property, exists "acclimatized" of situation, this is especially reflected in intellectual property infringement litigation of evidence collection.Through improved intellectual property infringement litigation in the of evidence system, can is good to solution current of damage compensation amount low insufficient to make up right people by by loss of status, main measures including established proof hamper system, and judge guide party active proof, and standardized evidence text,, give right people for proof of reasonable "channel", and through meet objective real of damage compensation amount to stimulus right people active proof, for idle proof of right people,give lower of compensation amount, So that the amount of damages in judicial practice become more reasonable.Paper for intellectual property of damage compensation problem, from actual case starts with, through on typical case of analysis, analysis in different of intellectual property infringement case in the judge on evidence of judge and mining letter, and evidence for eventually sentenced lost amount of effect, find effect sentenced lost amount of fundamental factors, and mining this a factors of formed background, again in above conclusion of based, targeted proposed corresponding of solution programme. Focus on mining the actual case to find out why, and put forward feasible suggestions, it is only the main contribution of this paper, measures proposed in this paper although there are imperfections, but help to improve the amount of damages, and curb the commercial rights to rights holders against infringement of intellectual property rights provides some good suggestions.