Research On Compensation For Trademark Infringement Damage

As a symbol of the company,the trademark has an irreplaceable indication function.Trademarks with higher visibility are more likely to be infringed,and trademark infringements are simpler and less costly,leading to increasing trademark infringement lawsuits.Among them,the "compensation difficulty" of trademark infringement damage has always been a major problem that plagues the practice community.The practice of continuously increasing protection,increasing the statutory compensation limit,and introducing punitive damages have not fundamentally solved the problem.The essence of the damage compensation problem is that the de facto damage suffered by the right holder is converted into legal damage,and then the damage caused by the causal damage is indemnified,and the final amount of money is calculated by calculating the amount of compensation.The key lies in the calculation of evidence.The choice of method.Through the empirical analysis of trademark infringement cases in Anhui Province,it is found that commercial rights protection cases have proliferated,and the balance of interests of all parties has brought new challenges to court trials.The generalization of statutory compensation applies mainly because of the unreasonable application and difficulties in proofing,and the unreasonable determination of the amount of damages caused by the expansion of the discretion of judges,the inconsistency of evidence collection,and the unclear interpretation of judgments.Excessive application of statutory compensation not only makes punitive damages shackled,but also adds “punitive color” to statutory compensation.There is confusion and intersection between the two compensation methods.Judicial judgment arguments are unclear,making the discretionary amount unfounded.It is difficult to determine the amount of damages and prevent blind pursuit of large compensation.The determination of the amount of compensation is based on actual losses,and the choice of value should focus on the principle of proportionality and balance of interests.According to the characteristics of commercial rights protection cases and non-commercial rights protection cases,different trial modes and compensation methods are adopted,and the difference of judgment results is reflected under the premise of the same trial standard.The application of statutory compensation should be limited to limit the right of choice of the right holder.The court should establish a comprehensive decision on the rules offine refereeing,improve the application of statutory compensation and coordinate the application of other calculation methods.Refine the punitive damages to apply the premise to make it more operational.More important is to enhance the argumentation of the judgment document and improve the credibility of the judicial judgment.