Recognition and Calculation of Indirect Losses in Compensation for Infringement Damages
There is a dilemma of inaccurate identification and insufficient protection in the indirect losses of infringement damages compensation.It is necessary to solve the problem of insufficient compensation from the perspectives of compensation scope,evidential rules,calculation methods,and other paths.The calculation of indirect losses should follow the unified rules of comprehensive compensation and victim's non-profit rule,certainty and unpredictability exemption rule,judge's discretion and subjective and objective calculation standards.Further improving the dynamic correction calculation method for indirect losses and establishing a system for regularly releasing dynamic correction coefficients can promote the recognition and calculation of indirect losses to better meet social expectations.