Research On The System Of Intellectual Property Rights Damage Compensation

In recent years,the protection of intellectual property rights has been paid more and more attention.The promulgation of the Civil Code marks the formal and comprehensive establishment of the punitive compensation system in the intellectual property rights.Subsequent revisions to the Patent Law and Copyright Law have also further regulated the rules on damage compensation system of all departments of law,and the system of intellectual property damage compensation in our country has been further developed.However,it still needs to be further refined and improved in order to better apply to judicial practice.In the first part,the article introduces the development of the system of intellectual property rights damage compensation,and then introduces three compensation methods which constitute the system:the compensatory compensation,legal compensation and punitive compensation.In the second part,the article summarizes the legislative status of intellectual property rights damage compensation system from three aspects:trademark,patent and works.As well statistics and analyzes the judicial practice,learn the application status of damage compensation system,then summarizes the questions of the system of intellectual property rights damage compensation in all departments of law.In the third part,the article has selected the representative countries of civil law and common law,such as American,England,Germany and Japan,to study the relevant legal provisions and judicial customs of these countries,extracts the enlightenment of the system of intellectual property rights damage compensation system,and learn their concrete scheme in practice.In the fourth part,the article puts forward some suggestions respectively for Institutional structure and each system from the structure of the system of intellectual property rights damage compensation system.