Study On The Statuory Damages Amount For Intellectual Property Infringement

The intangibility of intellectual property is its essential attribute,so in the process of litigation,it is difficult for the parties to provide evidence to determine the market value and actual loss of the right.The principle of filling in is the basic principle of bearing civil compensation.The purpose of compensation is to fill up the loss of the obligee caused by infringement.Trips agreement defines the basic principles of intellectual property infringement compensation,which plays an important guiding role in the legislation of various countries.However,it is difficult to determine the amount of compensation in various types of intellectual property infringement cases to varying degrees.The reason is that it is difficult to obtain evidence,the loss of the obligee and the profit of the infringer can not be accurately calculated,the trial period of the case is long,and the litigation cost increases.The introduction of the legal compensation system makes up for the deficiency of the original calculation method of damage compensation,achieves the purpose of improving the efficiency of litigation,and is of great significance for safeguarding the interests of the obligee.Compensation for loss is the way for the infringer to bear the civil liability for his tort,and the legal compensation focuses on the determination of the amount.After a comparative and Empirical Study on the legislation and judicial practice of legal compensation at home and abroad,it is found that in the judicial practice of intellectual property infringement litigation in China,the legal compensation system is abused;the amount of legal compensation is low,which is quite different from the expectation of the obligee;the judge is not clear when determining the amount of compensation,or directly invokes the law.The reason for the above problems is that the application of statutory compensation is alienated in judicial practice,and the alternative calculation method,which was originally at the bottom,has become the first choice to determine the amount of compensation.At the same time,the reference factors of legal compensation in law and judicial interpretation are too simple,which leads to poor operability.The legal compensation system reflects the value of the principle of fairness in the field of intellectual property rights and balances the interests of all parties.The determination of the amount of compensation should be based on the principle of filling and leveling,so as to achieve the purpose of compensation amount close to the actual loss of the obligee.We should strictly limit the application order of statutory compensation and adhere to the principle of balance of interests.Based on the market value,we should guide the use of right information factors and infringement information factors,and improve the judicial evaluation system of legal compensation in China.At the same time,the amount of compensation is determined by standardizing the way of reasoning and improving the evidence system.