Research On The Application Of Statutory Compensation Of Intellectual Property

The legal compensation for intellectual property rights refers to a system arrangement in which the people’s court can determine the legal compensation amount according to the amount specified in the intellectual property law according to its authority or the application of the parties when it is unable to determine the actual loss of the obligee or the loss of the infringer’s interests due to the violation of the law.At present,China’s patent law,trademark law and copyright law have made provisions on statutory compensation.The establishment of the legal compensation system for intellectual property rights solves the practical dilemma that it is difficult to provide evidence and determine the amount of compensation for intellectual property rights infringement damage to a certain extent,and improves the litigation efficiency of intellectual property rights cases.However,from the legislative level,there are many problems,for example,the legal system is imperfect;in practice,there are some problems,such as the high proportion of application,the low amount of compensation determined according to the statutory compensation,and the lack of reasoning in the judgment.Based on the theory of intellectual property rights,this paper discusses the basic theoretical issues such as the concept of statutory compensation,applicable conditions and order,calculation standards,reference factors and value functions,and analyzes the legislative situation and judicial application of the United States,Japan,Germany and other foreign countries.On the basis of the above analysis,combined with our country’s situation,the paper looks forward specific suggestions from the legislative and judicial aspects to improve the application of the legal compensation system of intellectual property rights: the legislative aspect should refine the application of the legal compensation system of intellectual property rights,improve the legal compensation system of intellectual property rights,increase the special provisions of the burden of proof,etc.;the judicial aspect should adhere to the principle of cautious use,and make full use of the application Statutory compensation.During the trial,the court should adjust the standard of proof,make full use of the system of evidence disclosure and evidence obstruction,and strengthen the reasoning of reference factors in the judgment documents.In addition,combined with the specific practice of our country,the paper finally puts forward some suggestions to improve the supporting measures of intellectual property value evaluation.