An Empirical Study On Patent Infringement Compensation

The problem of Intellectual property infringement compensation is the hot issues in theory research and also the controversial issues in judicial practice.Although the intellectual property law of China has specific provision,the process of the rule of law turns into the referee is not a simple problem of the applicable law,there is a process about method and rule selection,evidence support,factor evaluation,experience deduction and even stare decisis.Due to the traits of patent technology and the unidirectional links between profit and technical factors,the explicitness of patent infringement compensation becomes more complex in patent infringement cases.The related study are quite many both at home and abroad,but they are adopted many methods about system analysis,theoretical explanation,logical reasoning.the so-called judgments of high and low are most talking to themselves in perceptual level,they are short of contrast factor analysis and status empirical description.Therefore,the author try to explore patent infringement compensation system,from the perspective of empirical study.Chapter one is introduction.the study design ?study method and structure system are introduced briefly in chapter one.Chapter two is the status description about patent infringement cases in Zhejiang,the statistical analysis use data about the description of basic data,tort analysis,lucrum lawsuit analysis and compensation method.Chapter three reveals the current situation of patent infringement cases in Zhejiang on the basis of chapter two data analysis.the author try to learn experiences from American?German and Japan,then find the problem about the way of patent infringement compensation present.Chapter four is the suggestions of the patent infringement compensation system.the author try to use three ways improving the calculation of patent infringement compensation,like optimization calculation,quantitative calculation selection sequence and statutory compensation refinement.The suggestions of the patent infringement compensation system have four,1.Abate the standard of proof about compensation causality;2.Build up the scientific system of market valuation;3.The system of punitive damages is introduced;4.Introduce the analytic hierarchy process model.Chapter five summarizes the main findings of the study,and discusses the reasons of the low patent infringement compensation in Zhejiang.meanwhile,it concludes the limitations of the research.