back
Dissertation
Immaterialgüter- und Wettbewerbsrecht

Intellectual Property Infringement Compensation Research:The Types and The Celling of Compensation

The size of damages for patent infringement is determined by three methods (the patentee’s actual loss, the infringer’s profits and reasonable royalties) or statutory damages in China. This article suggests easing patentees’ burdens of proof under the three methods while strictly observing the restriction on recourse to statutory damages.

Last Update: 04.10.16

This study examines the determination of damages for patent infringement in China. Based on empirical data, Chinese judicial precedence and judicial interpretations, the study depicts how the size of damages for patent infringement is determined by applying three methods (the patentee’s actual loss, the infringer’s profits and reasonable royalties) and the rules on statutory damages in China. In particular, it makes a comparison between Chinese and German approaches. The comparison finds that Chinese courts have insisted on unrealistic standards of proof on the part of patentees for entitlement to the three methods. Therefore, this has relegated the patentees to statutory damages that are not designed to compensate their losses in most patent infringement trials. This study suggests easing the burdens of proof for the patentees under the three methods while strictly observing the restriction on recourse to statutory damages.

Persons

Doctoral Student

Jingjing HU

Supervisor

Prof. Dr. Thomas Jaeger

Doctoral Supervisor

Prof. Dr. Sanqiang QU

Main Areas of Research

Schutzgrenzen im Immaterialgüterrecht