Research On The Identification System Of The Amount Of Intellectual Property Infringement Compensation In China

It is known as intellectual property rights that people have their own intellectual property rights,management marks,and reputations.Intellectual property rights are private and intangible property rights.At present,China is mainly in the form of copyright law,patent law,trademark law,anti unfair competition law and other forms of law.The main way to stop the infringement and compensation loss as the civil liability for infringement of intellectual property.The key point of application is to determine the compensation for damage.Therefore,the establishment of the identification system of the amount of compensation for intellectual property right infringement is an important measure to strengthen the protection of intellectual property rights,punish and contain the infringement of intellectual property rights.The full text includes the introduction,the text and the concluding remarks.The background meaning and research purpose of this topic are expounded in the introduction part.An investigation and analysis of the theoretical research and judicial status of the compensation system for infringement of intellectual property rights in China and abroad.The research object and research method of this topic,A summary of the academic and practical significance of the topic.A typical case of the calculation of the amount of compensation for the infringement of intellectual property rights in the practical field.This paper summarizes the similarities and differences of the determination of the amount of compensation for intellectual property infringement in China.The existing problems in the determination of the amount of compensation for the infringement of intellectual property rights are caused by the following reasons:The specific standards applicable to punitive damages are not uniform,The method of calculating the amount of compensation is different,Nonstandard collection of evidence,The burden of proof is not clear,How to quantify the value of intellectual property rights and so on.By contrasting the indemnity system of intellectual property rights in China and the United States,Experience from the United States in determining the amount of compensation for infringement of intellectual property rights.Mainly refer to the relevant provisions of American copyright law,trademark law and Patent Law.And put forward the suggestion of perfecting the recognition system of the compensation for the infringement of intellectual property right in China.Such as prudent application of legal compensation,Strictly limiting the system of punitive damages,Introducing the equitable principle ofinterest compensation,Establishing the evaluation system of intellectual property value,Perfect evidence collection and preservation,The effective use of identification and expert assistant system,etc.In order to solve the problem of intellectual property right infringement compensation,Finally,it will return to the practical practice of the essence of tort damages.Needless to say,at present,the system of determining the amount of compensation for the infringement of intellectual property rights is not fully adapted to the needs of the legislative and judicial practice.Therefore,this paper tries to use the methods of empirical analysis,comparative analysis and other research methods.The analysis of the legal norms and the status quo of judicial determination from the determination of the amount of intellectual property right infringement compensation.Analysis of the existing problems and reasons for the determination of the amount of intellectual property right infringement indemnity in China.In order to deepen the theoretical study of the system.On the basis of this,some suggestions and suggestions on the legislative design and judicial application of the compensation system for intellectual property rights in China are put forward.Response to the legislative and judicial needs of the system for the determination of the amount of intellectual property right infringement compensation.