Research On Statutory Compensation System For Patent Infringement Damage Based On Experience Analysis

According to the international agreements on investment in China,the European Union and others,this paper introduces a new application for the protection of intellectual property rights in China in many innovative meetings the impact of intellectual property protection,stimulating the innovation momentum in the whole society,and promoting the building of a new style of development,has played more and more role.The importance of overcoming patent protection is one of the most important tasks of protecting intellectual property,developing the related patent industry,but in fact,the phenomenon of patent infringement everywhere can compensate for the loss of a patent Article 65 of the Patent Law clearly states that in determining the amount Compensation from the right holder,according to actual losses,licensing fees and legal compensation,although the Law on Compensation for Damages Caused by Patent Violation,but in judicial practice,statutory compensation law can increase the efficiency of the trial,in the beginning three more difficult ways to provide evidence This paper aims to conduct A comprehensive analysis of the cases that occurred in Beijing,Hubei,Chongqing and Shanxi,reveals the fundamental problems in the legal compensation system.The body is divided into four partsThe first part is the basic theory in the legal compensation system for damages resulting from patent infringement,which basically explains the basic concept,the nature of legal compensation,and in addition,with a focus on amending the legal compensation system in the Fourth Amendment of the Patent Law,this paper briefly introduces the history ofThe second part is an experimental analysis of this report In this section,the author provides in detail the ideas and methods of experimental design.Along with specific cases,this paper presents the application of statutory compensation rate,compensation amount,and compensation rate supportIn the third part,based on the statistical data in the second part of the previous article,this paper mainly explains some problems in compensation legal practice.Moreover,this paper analyzes specific signs of existing problems from specific aspects,and finds that there are problems such as over-application Legal compensationThe fourth part is a proposal for the improvement of the legal compensation system,by analyzing the existing problems in the second part and the third part above,this paper provides some suggestions for improvement First,from the point of view that the condition cannot apply to legal compensation,and to maintain the sequence of limiting legal compensation,Improvement of relevant provisions,determination of statutory compensation amount for compensation,including distinction between types of patents,introduction of patent evaluation mechanism,abolition of minimum statutory compensation,introduction of patent licensing rate,increased support for reasonable expenditures,and introduction of compensation for spiritual damages Third,distribution of unfavorable burden of proof Fourth,by introducing an expert assistant system in a detailed discussion process,setting legal compensation standard,improving quantitative reference elements,legal compensation,identifying and analyzing legal incentives,through the above-mentioned methods,the deficiencies of the compensation system for damages caused by violation can be improved.