损害赔偿
中国
知识产权
版权法
专利法
法律与经济学
专利分析
法学
政治学
业务
经济
计算机科学
数据科学
出处
期刊:Queen Mary Journal of Intellectual Property
[Edward Elgar Publishing]
日期:2024-11-28
卷期号:14 (4): 405-438
标识
DOI:10.4337/qmjip.2024.04.03
摘要
Patent damages in China are commonly criticized as low and unexplainable, which raises concerns over the overall credibility of China’s patent system. This article describes and reports the results of a large-scale empirical analysis of 992 invention patent infringement lawsuits decided by Chinese courts between 2014 and 2018 with damages awarded. The results show that whether patent damages in China are low depends on the selection of standards. If compared with damages granted by courts in the United States or the expectations of patent holders, patent damages in China are undoubtedly low. However, if considering the patent holder’s actual losses – a more rational standard – the allegation of low patent damages does not stand. In addition, around 64.1% of the variations in patent damages in China can be explained by pre-selected ex ante factors, among which proxies for patent value and scale of infringement play an important role. These findings demonstrate that patent damages in China are not as low and unexplainable as commonly believed. Instead, the rather ‘low’ damages compared to their counterparts in the United States reflect the main body of patent infringement lawsuits between small entities over technology improvements on small widgets and goods in China.
科研通智能强力驱动
Strongly Powered by AbleSci AI