ENLIGHTENMENT TO CHINA BY LEGISLATION OF DAMAGES FOR TRADEMARK INFRINGEMENTS OF THE UNITED STATES AND JAPAN
Journal Title: Topics In Education, Culture and Social Development (TECSD) - Year 2018, Vol 1, Issue 2
Abstract
Some corporations take action to infringe other trademarks under the temptation of fantastic profits. Therefore, it is a must to strictly punish the behavior of trademark infringement for protecting a fair environment for market competition and legal rights of the owners of trademarks. At the same time, damages for trademark infringement should be required to be implemented to make up the loss that the owner suffers therefrom. That the legal regulations of foreign countries aiming at damages for trademark infringement are quite mature has an active function to sanction such behavior. Countermeasures and suggestions related to improvement of Chinese legislation in this field are proposed pursuant to the present conditions in addition to suggestion of borrowing others’ excellent experience after investigating and surveying relevant legislation of the developed countries like America and Japan. the paper uses the comparative method to get three suggestions to china. (1) quantitative standard of statutory damages. (2) empowering the plaintiff to choose legal compensatory approaches. (3) specifying the standard for punitive damages
Authors and Affiliations
Xiao Si Xue, Xie Wei
Keywords
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- EP ID EP412157
- DOI 10.26480/ismiemls.01.2018.10.12
- Views 44
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