March 26, the School of Public policy and Management, UCAS and the State Intellectual Property Evaluation and Certification Center jointly held a seminar whose theme is “The Application of Intellectual Property Assessment in Intellectual Property Trial”. The participants discussed how to determine the amount of indemnity in intellectual property lawsuits and how to scientifically evaluate intellectual property in judicial practice.
With the restructuring of the economy and the implementation of innovation driven strategy, the need to protect intellectual property rights is increasing. Accordingly, it has been a public concern to study the tort of intellectual property. Judicial practice is the front line of intellectual property issues and how to reasonably determine the indemnity of damages has always been an important issue and a problem in judicial practice.
The experts present observed that it is quite difficult to obtain evidences in the intellectual property infringement lawsuits now in China. And many cases ended in statutory damages with an amount between 10,000 to 1 million yuan which are far below those in developed countries like the US and some European Countries. The range of the law application is too broad to make it precise to determine some specific cases. Many judges said that it is very difficult to ascertain the actual loss of the infringement of intellectual property rights, the gains of the infringers, the quantization of the reasonable license fee in the trial of such cases. The State Intellectual Property Evaluation and Certification Center believed that the aim of assessing the intellectual property cases is evaluate the actual loss the infringement of intellectual property rights and the gains of the infringers and by obtaining evidences and analysis, we might have a reasonable assessment and quantization. And it agreed that determining the reasonable license fee is a usual problem in the conversion of intellectual property and the license fee is also an important indicator for the quantization of the value of intellectual property. The Center is now working hard on this problem.