标签归档 西安品茶资源

　　Winning the lawsuit, but not getting much compensation, or even losing the market, is an embarrassment for the obligee in many intellectual property cases.

　　"For a long time, China’s judicial practice has been plagued by the difficulty in calculating the compensation for intellectual property damage and the low amount of compensation awarded, and the trial of intellectual property cases is widespread ‘ Argument on emphasizing infringement and neglecting compensation ’ The phenomenon. Due to the lack of clear reasoning about the amount of damages in the judgment, both the original defendant and the defendant were unconvinced by the verdict. " Wu Handong, director and professor of the Intellectual Property Research Center of Zhongnan University of Economics and Law, pointed out at the "Seminar on Judicial Protection of Intellectual Property".

　　On the occasion of the 16th World Intellectual Property Day, the Publicity and Education Guidance Office of the Central Political and Legal Committee and the Institute of Applied Law of China, the Supreme People’s Court jointly held a seminar on judicial protection of intellectual property rights. Experts and scholars from academic and practical circles have conducted in-depth discussions on the worldwide problem of determining the amount of compensation for intellectual property damage and put forward solutions.

　　It is common that the amount of damages is low.

　　In the face of repeated prohibitions of intellectual property infringement, many experts pointed out that an important reason is that the amount of damages is not enough to effectively deter infringement.

　　Through data analysis, the Intellectual Property Research Center of Zhongnan University of Economics and Law found that in copyright cases, the proportion of "actual loss", "illegal income" and "legal compensation" adopted by the court was 21.21%, 0.25% and 78.54% respectively. In trademark infringement and patent infringement cases, the proportion of "statutory compensation" is as high as 97.63% and 97.25% respectively. Wu Handong believes that excessive application of statutory compensation is a prominent feature of the judicial organs’ determination and amount calculation of intellectual property damage compensation in China.

　　The calculation of damages is low, which is another feature of judicial organs in the trial of intellectual property cases. Wu Handong pointed out that the average compensation for more than 97% of patent, trademark infringement and more than 79% of copyright infringement cases in China is 80,000 yuan, 70,000 yuan and 15,000 yuan respectively, which is lower than the same patent licensing fee, advertising fee for cultivating trademark awareness or the average remuneration for similar works.

　　"Between 2009 and 2013, the median amount of total compensation for patent litigation in the United States was as high as $4.3 million. Compared with the amount of compensation awarded in intellectual property litigation in developed countries, the problem of low amount of compensation for intellectual property damage in China is objective. " Wu Handong said.

　　Li Mingde, director of the Intellectual Property Center of China Academy of Social Sciences, also pointed out according to data analysis that in copyright infringement cases, the amount of compensation for each work mostly ranges from several thousand yuan to 20,000 yuan. In patent infringement cases, the average amount of damages is about 80 thousand yuan. This is in sharp contrast with the amount of copyright damages of tens of thousands to hundreds of thousands of dollars and the amount of patent damages of millions to tens of millions of dollars in the United States and other western developed countries.

　　The cost of patent research and development should be taken as an important reference factor.

　　According to Yin Fenglin, an associate professor in the Department of Law and Intellectual Property, Chinese Academy of Sciences, how to effectively improve the compensation standard for patent infringement in China to a reasonable level is not only related to the interests of patentees, but also related to the implementation of the national innovation-driven development strategy.

　　Yin Fenglin pointed out that there is an obvious direct correspondence between the patent price and the amount of patent infringement compensation. "According to the analysis of statistical samples, the average amount of patent infringement compensation in China is less than 100,000 yuan. Suppose the court decides that the amount of infringement compensation for a patent is 100,000 yuan, then the patent transfer price or price given by the patent technology user will usually not exceed 100,000 yuan. But in fact, the average technology research and development cost of each patent application in China is 441,000 yuan. "

　　"It can be seen that the amount of patent infringement compensation and patent price in China are far lower than the research and development cost of patented technology. It is an exaggeration to say that if we rely on patent protection for technology research and development in China, we will not only make profits, but will generate huge losses. " Yin Fenglin said.

　　Yin Fenglin believes that to solve this dilemma, the fundamental policy is that the amount of patent infringement compensation should be higher than the R&D cost of patented technology, and the people’s court can take the R&D cost as an important reference factor when applying the calculation method of statutory compensation.

　　"At present, the calculation method of compensation for intellectual property damage in China usually adopts the principle of leveling, that is, how much the right holder loses and how much the court orders the defendant to compensate, which greatly underestimates the actual value of infringed works, patented technologies, designs, trademarks and trade secrets." Li Mingde said.

　　He said that if the court can determine the loss of the obligee, the benefit of the defendant or a reasonable multiple of the license fee based on the market value of the relevant works, patented technology, designs, trademarks and trade names, rather than simply based on the value of the created works, designs and trademark products themselves, it can award the obligee a reasonable amount of damages.

　　The amount of compensation should conform to the law of market value

　　"The ultimate concern of justice lies in justice, and the amount of compensation conforms to the law of market value, so the people can feel justice; In violation of the law of market value, the people will feel unfair. " Lin Guanghai, vice president of Guangzhou Intellectual Property Law Institute, said frankly.

　　Lin Guanghai believes that compared with punitive damages, it is more operable and predictable to determine tort compensation from market value, which can better balance and balance the innovation incentives for the creation and application of intellectual property rights.

　　"Determining the amount of damages from the perspective of market value can not only make up for the loss of the obligee, but also convey the concept that intellectual property rights are valuable to the society and warn potential infringers not to do things that violate the rules." Li Mingde said.

　　Li Mingde further pointed out that the amount of damages thus determined will also make the infringer realize that instead of paying high damages for infringement, it is better to seek permission to use related works, patented technologies and designs after paying reasonable fees. On this basis, the court can also apply two to three times the high damages to those malicious infringers or repeated infringers, forcing them to either go bankrupt or return to the normal market competition order.

　　"In addition, we should also highlight the important role of criminal punishment in cracking down on and preventing intellectual property crimes, innovate the prosecution system of intellectual property crimes, lower the threshold for criminal infringement of intellectual property rights, and improve the deterrence of criminal judicial protection of intellectual property rights." Wu Handong said.

　　However, Lin Guanghai also pointed out that there is no "standard answer" to the specific amount of compensation in a case, and it is usually not "zero cost" for the parties to obtain fair compensation. Therefore, the judicial judgment of intellectual property rights must fully analyze the law, correctly reflect the characteristics of the market value involved in the case, reasonably balance the interests of all parties, and prevent money from overriding everything. (Guangming Daily reporter Yin Wei)

　　In an airport in Northeast China, under the blue sky, a group of dashing female flight cadets marched to the tarmac … … Planes rushed into the sky and drew beautiful tracks in the sky. The tenth batch of female pilots of the Air Force, trained by a brigade of the Air Force Harbin Flight Academy, will soon graduate and be awarded a bachelor’s degree in military science, which means that the status of these dozen girls will be officially changed from flight students to pilots and become the third batch of fighter pilots of the Air Force.

　　One woman in ten thousand miles is too good to have any friends.

　　"You were born to fly." Dai Yu, a student, still remembers the words of Zhao Fei’s leader when she applied for "Female Flying" and her own "face covered" at that time. "I thought it was a joke, but I was actually arranged to go to the medical examination one day in advance." Dai Yu said that what she didn’t expect was that the physical fitness test of female flight students was actually conducted with male flight students. "There is no gender difference in the test, only qualified or unqualified!" Dai Yu said. The final test shows that Dai Yu is better than boys in many indicators, and her grades perfectly verify that sentence — — Who says women are not as good as men!

　　At that time, it was not just Dai Yu. After more than 100 physical examinations, 38 teenage girls stood out from hundreds of thousands of fresh high school graduates across the country. All the college entrance examination scores were above the first-class undergraduate level, and many people scored more than 600 points, which was simply "excellent to have no friends".

　　"Flying is one in a million, but that definitely does not mean that you can sit back and relax. The cruel elimination has just begun." After entering the school, the teachers’ cold water made the girls feel a heavy sense of crisis before they could be happy enough.

　　Dai Yu still can’t forget the sad eyes when "24" left. "24" is the code name of the student who once slept with her, and Dai Yu is unwilling to mention her name. "Too sad." Dai Yu said that on that day, everyone was preparing for flight, and the captain announced the news: "24" was grounded for technical reasons. "24", who was still discussing the action with her sisters a moment ago, suddenly froze in place, for a long time, for a long time … …

　　"Intense training has turned these girls into ‘ Quick temper ’ 。” Cui Jianjie, a teacher, told the Beijing Morning Post reporter, "Half a year before graduation, at ‘ Whole process elimination ’ In the training mode, no one wants to fold their wings before the finish line. "

　　One sonorous rose after another bloomed in the blue sky. By the beginning of August last year, there were more than a dozen students left in this group. It is this "cruelty" that enables them to become "arrogant women of heaven" after being beaten and tempered.

　　No preferential treatment requirements are exactly the same as male students.

　　"If you want to fly well, you have to forget that you are a girl and remember that you are ‘ Female fly ’ 。” This is a word that girls often talk about. Female pilot, an identity that countless people envy and yearn for. However, few people know what the girls need to pay behind this aura.

　　"Don’t talk to me about physical fitness!" Although after years of exercise, physical fitness has no pressure on Wang Yanran, but it is definitely a "nightmare" that I don’t want to recall. "Can you imagine how sour it is to run one 10000 meters, two 3000 meters, two 1500 meters and n 400 meters in one day?" Wang Yanran "complained" to reporters, "That’s not all. There are also single parallel bars, spiral ladders and rollers … … On this day, you won’t even have the strength to eat! " On one occasion, after continuous practice, Wang Yanran ran and ran, feeling that his brain was blank, and his ears kept thinking about his heavy panting, and his legs seemed to be filled with lead. "‘ I can’t hold on any longer! ’ At that time, this idea kept flashing in my mind, but my footsteps never stopped. "

　　Compared with physical training, students are healthy and feel that aviation learning is more abusive. This girl with the aura of "Xueba" has to complain again and again in the face of complicated aviation theory. In the whole flight training stage, there are nearly 20 aviation courses, countless data and endless principles. If you don’t pass the test, you can’t transfer to flight training or even be grounded. Before an aviation competition, Kang Jian memorized the parameters when he slept and talked in his sleep. As a result, he was awarded the title of "Aviation Madman" in the worship of his sisters.

　　"Everyone had to bring a plastic bag when they first flew." Teacher Liu Huanyi gave the reporter "popular science". The intermediate teaching machine is fast and loaded, and many students will have different degrees of dizziness and vomiting when they first go to the intermediate teaching machine.

　　What makes the students "desperate" is that they didn’t get any "care" in the training, and the requirements are exactly the same as those of male students. "The syllabus is gender-neutral, and there is nothing special about female students. Although they are not as good as male students in physical quality, the girls never flinch." Kui Li, instructor of the brigade, said.

　　Flying at night draws the most beautiful line in the night sky.

　　Flying at night is a technical ability that every qualified pilot must master. In the night flight training, the flight cadets’ reaction is relatively slow, and their judgment of state and manipulation are not as timely as those in the daytime. In this case, they are more likely to cause nervousness, irritability and even fear and anxiety, which is a great test for female flight cadets.

　　"Drive, slide out!" At the command of the commander, the trainee Ma Hongyu flew off the takeoff line under the guidance of the instructor, turning, accelerating and pulling the rod in one go. Hawk roared into the air, and there was another blooming "rose" in the night sky. Looking at the plane gradually disappearing from sight, the brigade leaders who followed the scene told the Beijing Morning Post reporter that in order to complete the night flight training, they carefully prepared and scientifically coordinated the course according to the characteristics of high risk, difficulty and difficulty in coordination, highlighting key links such as simulation exercise, special situation exercise, night cockpit practice and psychological intensive training, and organizing competitions such as ground preparation knowledge competition and night flight knowledge assessment to improve the preparation standards of students and ensure the quality and safety of night flight training.

　　With the student Wang Yanran flying back smoothly, the girls completed the first batch of flights. "I was a little nervous before boarding the plane, afraid of making mistakes. If I really fly, I won’t think so much. All my energy is concentrated on flying." Wang Yanran got off the plane with a big smile on his face.

　　Behind the smile is hard work. Student Hui Wenjing has a booklet full of flight characteristics of different meteorological models and training courses, which he keeps in his pocket every day to record and familiarize himself with flight knowledge at any time. This night flight, her brochure has added several pages of dense training experience.

　　Do not forget your initiative mind firmly believes in realizing the blue sky dream.

　　Since entering the flight training, the female flying girls have completely said goodbye to the words "lying in" and "waking up naturally". At 4: 30 in the morning, many people are still asleep, and the girls have already started their busy training by flying planes. "Each flight day takes up about 7 hours of flight, with nearly 20 ups and downs per person. At the end of the flight, there is a summary comment, and there is an hour and a half of physical training that can’t be shaken every day. This intensity is really beyond the reach of ordinary girls if there is no physical reserve in the early stage. " When the teacher Zheng Qiang told the reporter, there was praise in his words. "But I have never seen them complain. They all worked hard."

　　Practice hard on the ground and fly in the air. In order to learn how to fly well, even in the winter when dripping water turns into ice, the girls have to do ground drills outside before flying, which lasts for one hour. In many cases, the time will be longer, because once you encounter a difficult subject, the girls will consciously practice. At the end of the drill, everyone’s body was basically frozen and his face was red with cold.

　　Why did you choose to fly? This is a question that every female pilot has to answer in the interview at the beginning of the recruitment. I like military movies since I was a child, and I feel that the female flying parade in 2009 is very handsome, and I like the female astronaut Liu Yang … … Everyone’s blue sky dream is inseparable from the military feelings rooted in their hearts since childhood.

　　Fighter plane is one of the most risky models, and at the beginning of the recruitment, the female flying girls already knew this and knew the challenges in the future.

　　"I was involved in flying, and there was a contradiction at home. My mother was worried that flying was dangerous and said it was not suitable for girls. In the end, I couldn’t resist my insistence. But my mother has changed now, always saying that she has raised a female flying girl for the country, and she is extremely proud. " Student Yang Liu said happily.

　　After nine days of sonorous roses, I know that women don’t let men. From the young girl at the beginning of the flight, to the arrogant girl who can skillfully control the plane now. Soon, the girls will graduate and become pilots. They are just around the corner from becoming real fighter pilots.

　　Beijing Morning Post reporter Cao Jingrui correspondent Liu Yang Wang Zhijia/Wen correspondent Mao Yulei Li Mingwei Cao Zhanli Liu Wei/photo