Thinking Of Perfecting Trademark Law Of The Legal Compensation System

Improve the basic theory of trademark infringement damage compensation and the concrete system is one of the important research topics in field of trademark infringement,For the protection of trademark,trademark infringement behavior person sanctions,is of great significance to maintain the legitimate interests of trademark rights.In this paper,the main object of trademark infringement interests of trademark,trademark infringement,trademark infringement damage compensation legal system,improve the system of damages for trademark infringement in China to do a thorough research,In order to contribute a little to the development of our country trademark infringement indemnity system and perfect.Secondly,this paper introduces in detail the compensation system of trademark torts and damages,compensation system of damage compensation as a legal intellectual property law in China in the new established,become the current court adjudication of intellectual property cases of infringement of one of the most frequently used in the calculation of the amount of compensation for damage in determining.Establishment of this compensation method,to a large extent reduce the burden of proof of the intellectual property right holder to claim compensation amount,in favor of more rights people choose the way of judicial property rights in our country.In practice,the legal compensation system is more and more favored by the judges,but there are many problems in the practical application of.For example,how to further strengthen the protection of the right of discretion of the parties of interests between,human and social interests,Justice if there is no good use of statutory compensation for such mechanism of balancing of interests,not only can achieve the purpose of balancing of interests,and may lead to new imbalance of interests,expand the contradiction,the new phenomenon of conflicts of interest.This article will from the point of view of Trademark Law of tort,carries on the ponder and the discussion of the legal compensation in trademark infringement problems.The article is divided into five parts:In first part,the chapter of our country's trademark legal compensation system has made a basic introduction to the legal compensation system,research questions,you should first understand the basic theory of the system.The first part of the meaning of the trademark law of tort damage compensation system are introduced,secondly describes the legislative status at home and abroad and the legal compensation system of value.The legal compensation system as the most commonly used current damage compensation,has its inevitability.Trademark law in tort,statutory compensation system is applied more and more widely,its value and effect in justice can't be ignored.The second chapter mainly introduces the present situation of our judicial practice field of the trademark right legal compensation,respectively discusses the applicable conditions,applicable object from the time angle and applicable.At the same time,introduced with emphasis the legal compensation defects in the judicial and short comings in,with actual typical case as a reference,analyzes the existing problems in the practice of statutory compensation.The third chapter analysis the reasonable application issues of statutory compensation of trademark rights from the perspective,this part mainly introduces refer factors of statutory damages,statutory compensation amount to determine the necessary factors.This part is a innovation,from the angle of economics,analyses the rationality of the legal compensation and the amount of statutory compensation problem.The fourth chapter combined with China's newly revised "Trademark Law"proposed consummates our country trademark legal compensation system the suggestion.China's newly revised "Trademark Law" has attracted many scholars attention and the discussion,the advantages and disadvantages of different versions,this part of the new "Trademark Law" to modify the part and its impact,based on the thinking of this part presents the author's points of view.The fifth chapter is the conclusion part,a summary of the full text of the exposition,as well as the research significance and research value,in order to contribute a little to perfect the legal compensation system.