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The Study on Infringement Damages System of Intellectual Property

Author: ChenHongJun
Tutor: CuiHong
School: Shenyang Normal
Course: Legal
Keywords: Intellectual property rights Infringement Compensate
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 108
Quote: 0
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Abstract


Intellectual property rights infringement and damages issues increasingly attracting attention in recent years , many scholars , judges have on this wrote books , published their own views on this issue . This paper combines law and judicial practice on this issue a thorough and systematic study on the issues of intellectual property infringement damages , meaning clear intellectual property infringement damages clarified the principles and scope of damages to establish a comparison systems Science compensation amount calculation method , the authors also note in particular intellectual property damage liability limitations for more effective , efficient and impartial judicial protection of intellectual property rights and to establish perfect the system of intellectual property infringement . The main content of the article is divided into four parts , the main contents are as follows : The first part is an overview of intellectual property infringement damages , the meaning and nature of intellectual property infringement damages compensation was resolved that the nature of intellectual property infringement damages compensation sex , and analysis of the constituent elements of intellectual property infringement liability for damages . The second part of the author focuses on the principles and scope of intellectual property infringement damages , according to China 's judicial practice , the authors propose three key principles that should be followed in damages for infringement of intellectual property rights ; particularly the scope of intellectual property infringement damages compensation the concern of mental damages . The third part of the study of how intellectual property infringement damages amount on how to determine the actual loss of the rights of people , the illegal profits of the infringer , a multiple of the license fee , as well as the application of the statutory compensation issues own unique scientific insights . The fourth part is the limitations of the intellectual property rights infringement liability for damages , the authors discussed the limitation of liability in copyright, patent , and trademark infringement issues .

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CLC: > Political, legal > Legal > Chinese law > China and France
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