An Empirical Study On The Compensation Of Liquor Trademark Infringement

Liquor has a long history in China,and the liquor industry is an important industry for China’s economic development.It plays an important role in the society.Provincial liquors such as Sichuan liquor,Qianliquor,Jinliquor,Wanjiu,and Luliquor have continued to develop.The accompanying trademark infringement cases in the liquor industry have also increased year by year.Well-known liquor companies have spent a lot of manpower and financial resources in maintaining their trademark rights,but the damages obtained in the litigation are far lower than the required litigation claims.Therefore,how to protect the rights of liquor enterprises,reduce trademark infringement and obtain reasonable compensation for infringement are issues worthy of study.As an important mark for a company to distinguish other companies,a trademark has an important guiding role.The more well-known companies are more likely to be infringed,and disputes about trademark infringement are increasing day by day.The issue of compensation for trademark infringement has always been an important research topic in judicial practice.In recent years,the state has continuously strengthened the protection of intellectual property rights.It has strengthened punitive damages by expanding the online limit of statutory compensation.In 2019,in the "Opinions on Strengthening the Protection of Intellectual Property Rights," it was mentioned that "Attach importance to the protection of intellectual property rights of trademarks,and increase the crackdown on acts of perpetrators that infringe upon others own trademarks by malicious and malicious acts,and increase the specific amount of damages".In 2020,"2016-2020 "Intellectual Property Protection Outline,it is mentioned that punitive rules will be applied to other intellectual property fields.Punitive damages are not only suitable for trademark protection under the trademark law,but also applicable to other areas.In this way,it is conducive to the establishment of a system of punitive damages for infringement protection in China.It is used as a system of"building infringement compensation oriented to fully realize the value of intellectual property.This article mainly focuses on liquor as the main research object,and conducts an empirical analysis of liquor trademark infringement damage compensation cases that from 2014 to December 2020.It mainly focuses on a series of typical cases such as the case of Guibin Distillery and Kweichow Moutai trademark infringement damages.Trying to find out the factors affecting the court’s choice of damage compensation system,and the calculation method of the specific compensation amount.Through analysis of a large number of damage compensation cases for liquor trademarks,it is found that the proportion of cases where statutory compensation is applied is relatively high.The statutory compensation amount determined by the court is generally lower than the compensation amount calculated by the other three methods of damage compensation.This phenomenon is mainly caused by the inability of creditors to provide evidence,the evidence provided by creditors is not accepted by the people’s court,creditors actively apply for compensation for related statutory compensation,and judges are more inclined to choose the application of statutory compensation.Increasing the amount of damages is conducive to the corresponding country’s policies on intellectual property protection,creating a good business environment,and achieving the policy goals of intellectual property protection.In judicial practice,the rules of evidence obstruction can be used,the calculation method of damage compensation can be used flexibly,and the discretion of judges can be restricted.Based on relevant evidence such as facts,the application of statutory compensation can be optimized to encourage rights holders to protect their rights and deter intellectual property rights.Infringement.In the case of the low usage rate of punitive damages in liquor trademark infringement damage compensation cases,some suggestions for improvement are put forward.Through the empirical research on the damage compensation system of liquor trademark infringement,it is hoped that it can provide reference for Chinese liquor enterprises to protect trademark rights.The court can determine its own value choice when making trademark infringement damage compensation,and make more accurate compensation judgments,etc.,To provide a certain reference for the improvement of China’s trademark legislation and how to use specific judicial practices.