Determining the Amount of Patent Infringement Compensation Based on the Scale of Publicity—Taking the"Knot Anchor"Utility Model Patent Infringement Case as an Example
[Purposes]To reinforce intellectual property protection,reduce risk of dispute-causing sec-ondary litigation by determining amount of damage by legal compensation criteria,market subjects′ be-havior in commercial activities is further normalised.[Methods]In conjunction with court case of"knot anchor"utility model patent infringement,the process of determining the amount of patent infringement compensation is analyzed.In the case that the actual number of infringing patent products cannot be de-termined,the scale of infringement is determined by the public publicity content of the infringer.[Find-ings]In this court case,without objectionable evidence for infringer,the appellant makes calculation of amount of compensation on scale of infringement determined for foreign public promotional content,pro-viding strong support for obtaining reasonable amount of compensation,whose claimed amount of com-pensation is fully supported by court.[Conclusions]Determining amount of compensation of patent in-fringement based on scale of extraneous publicly available promotion by infringement is more conducive to accurate calculation of amount of compensation and has great positive implications for enhancing pro-tection of intellectual property.
utility model patentpatent infringementlawsuit of patentpromotional scalethe amount of compensation
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