知识产权法定赔偿数额确定存在困境及完善建议

Dilemmas in Determining the Statutory Compensation Amount for Infringement of Intellectual Property Rights and Suggestions

三部主要知识产权法律都将法定赔偿作为知识产权侵权损害赔偿数额确定的方法,司法实务中适用法定赔偿确定赔偿数额更是一种普遍现象,使制度设计原本作为一种必要和有益的补充方式却成为了主要方式。同时,法定赔偿数额自由裁量权过大,导致"类案不类判"。因此,应对适用法定赔偿的相关规定进行完善,减少法官的自由裁量,让赔偿数额更合理、更规范,最大努力地接近当事人的损失。

The three main intellectual property laws regulate statutory compensation as the method to determine the compensation amount for the infringement of intellectual property rights. In judicial practice, it is a common phenomenon that the statutory compensation is applied to determine the amount of compensation, and the system, which was initially designed as a necessary and beneficial supplement has become a principal way. At the same time, as the judges have much discretionary power to decide the statutory compensation amount, they are likely to judge similar cases in different ways. Therefore, it＇s imperative to improve the relevant stipulations on statutory compensation, reduce the judges＇ discretion, rationalize and standardize the compensation amount, and try to properly compensate the parties for their losses.