The era of knowledge innovation has promoted the creation of intellectual achievements、Communication、Transaction -centered new economic structure changes，It has also exacerbated the conflict of interest and protection of the interest of intangible morphological property。Infringement of intellectual property rights and "compensation difficulties" that accompanied by it, then evolved into a class of social problems，This phenomenon is particularly protruding in the process of innovation and development of all aspects of social and economic all aspects of social and economic。The damage compensation system is an important one -dimensional for the protection of the rule of law of intellectual property，Its standardized theoretical interpretation and comprehensive institutional innovation in the theoretical interpretation of the regulatory road and the ideal architecture。

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In the current Intellectual Property Law，The concept of damage compensation is not satisfactory。Intellectual property damage is different from object damage，It is more expressed through the concept of "loss of interests"，and this concept gradually blurred due to the complexity of the socio -economic structure。This leads to the concepts of "damage" and "compensation" evolved into a darker image in the field of intellectual property rights。The "damage" in the field of intellectual property rights uses the legal language in the field of tangible property rights to express or quantify，It is difficult to truly reflect the origin of intellectual property infringement damage in the real world。

Classic theory thinks，The property regulated by the Civil Law can be roughly divided into three categories: First, creditor's rights，The second is bet365 live casino games physical property，Third is the non -physical property。Civil Law is the legal sum of the law of regulating human private social life，Invisible property is naturally restrained。Mr. Wang Zejian once said，Damage compensation is the core of civil liability，No provisions of mainland civil law，How to clarify its basic concepts、Construction standard system and legal principles，Series of important topics of theory and practice。Based on this，Coupled compensation laws in civil law still yet to be advanced，Nothing, as the Intellectual Property Law as a special civil law。

Here，We must focus on the two types of relationships: first, the convergence and division of tangible property rights and intangible property rights; second, the inheritance and transcendence of civil law and intellectual property law。In today's era of knowledge economy，The infringement damage compensation system and theory constructed around the traditional property rights no longer have more than ease，But the general rules of civil law still dominate the intellectual property system，It has extremely important normative significance for the latter。For this，A dialectical view of the internal structure of property rights，Actively promote the theoretical integration and system coordination of civil law and intellectual property law。Regardless of legislative creation dimension、The theoretical successor is in terms of dimension or judicial operation，It can not be separated from the two，Equal to be fired in the same way。

　　Value orientation of intellectual property infringement damages 

Intellectual property protection system is often described as a double -edged sword，This highly realistic metaphor can also become a basic judgment on intellectual property damage compensation -intellectual property protection should be appropriate and moderate。Just as the formula of "more information is equal to knowledge" is not always established: if you obtain it around knowledge、Management、bet365 Play online games The rules of creation and possession are not proper enough，So the more information, the less knowledge, the less knowledge、less innovation，This is "Knowledge Paradox"。Similarly，The view of "more protection is equal to knowledge" was preached by some scholars，But in fact it is not worthy of respect。The theory of the relationship between legal and social resources believes，The institutional arrangement of "rights -obligation -responsibility" corresponds to the classification and adjustment of social living resources，The subject enjoys living resources，When this legal relationship is distorted，The resources that the main body originally enjoyed will inevitably be deprived。The responsibility for damage to the behavior of infringing intellectual property rights to damage compensation，Its purpose is to correct the deviation of the distribution relationship between intellectual property resources，Restore the good operation of the innovation mechanism，Make society in the order of inspiration and innovation。

If you get rid of the innovative soil，Intellectual property damage compensation system will face alienation risk，It is inevitable that the ground faces fairness、Justice、Security、Challenges and torture at different legal value levels such as efficiency。Under this situation，Measurement of the interests of different subjects and the damage compensation system of the value judgment of the value judgment，It is likely to become a obstacle to maximizing the protection of intellectual property law，Not conducive to the innovation of knowledge that is ongoing、Industrial development and economic transformation。On the surface，Compensation for intellectual property damage compensation is a strong problem of protection，In essence，What is the rational selection of the value of the law of value，Therefore, it is necessary to return to the rational orbit of rational and tool rationality of the system。

bet365 best casino games On the one hand，Legislative separation mode based on the tangible property right system and the intangible property right system，Cannot directly use the protection of property rights to protect intellectual property rights，But this does not mean that the institutional experience of property protection is completely meaningless for intellectual property protection。The absolute right protection mode derived from the former，It has important theoretical integration and institutional reference effects for the latter。Actually，Understand the perspective of "absolute right" and "control right" to understand the damage compensation of intellectual property infringement，It is a manifestation of comparing and reference in legal concepts，It is also one of the system foundations of intellectual property protection。On the other hand，Intellectual Property Law emphasizes starting from value rationality，Create a special theory of damage compensation、Special concept、Special words，Used to adjust the value conflict between the creation of freedom and rights to protect freedom。

　　Standards for compensation for intellectual property infringement damage compensation 

In the era of knowledge economy，The value of invisible property value in social wealth is increasingly rising，The traditional rigid damage compensation system is unsustainable，Real needs call for systematic legislative design，Fitting all elements、Concept、Rules connected into an organic whole。Although the current Intellectual Property Law of my country has already had infringement damage compensation system，As far as its methods and content are concerned，It's just a simple list of specifications。Bet365 app download From the perspective of the body，Damage compensation related legal provisions are mostly scattered in the copyright law、Patent Law、Trademark Law and other single -line methods，On the whole, there is no law to follow、Relatively loose specification combinations。From the perspective of content，Regulations on damage compensation are relatively rough and sparse，Unable to reflect the international trend of the refined legislation of intellectual property rights，It is also impossible to respond to the need for judicial practice in my country's intellectual property infringement protection.。For this，It is necessary to refine the director of everyone，Expand systematic、Regulations on it、Centralized theoretical discussion and institutional integration。At the same time，Based on abstract purpose and value，Make a specific and reasonable legislative choice and specification design，Establish a new institutional model and judicial rules on the basis of the original system，Organic unity of realizing subjective value tone and objective institutional arrangement。

Intellectual property as a special private right of intangible materiality，You need to give special protection，Set special specifications。Now，Specialized legislative expression method has become the only choice for intellectual property protection，Therefore, the infringement of intellectual property rights，Based on the liability for general infringement damage compensation，Gradually form a relatively independent infringement damage compensation system in the field of intellectual property rights。

Lamarez once said，Both the value -oriented law and the systemic operation of the law attempt to clarify，The basic point of the center of the system lies in the "open principle" and the evaluation basis appeared in the principle，and only consider its specific degree of specific form，and make these forms have a certain relationship with each other，Only by constructing the "system"。my country's future intellectual property infringement damage compensation system，It should include abstraction of conceptual principles and the specifications of specifications，It is the unity and coordination of the two。Types and abstraction are corresponding concepts，They emphasize the meaning bet365 Play online games and homogeneous value of the theory and norm rules system in intellectual property damage compensation compensation.。As far as the internal structure of the order of intellectual property law，Similar to the defense damage compensation is mainly manifested as setting special rules，Promote the types of specialized and specifically standardized and specific，Make it show the distinctive characteristics of intellectual property rights。Different duty，On the overall legislative style，The legislative path of intellectual property rights and the thinking of the rule of law should be based on this，The legal specifications and interpretation of the compensation and explanation of intellectual property infringement damage are used as a carrier，Road to system change and scientific structure。

Reflection and review of the compensation system for intellectual property infringement damages，Not only a metaphysical event -also interpret the concept of intellectual property damage compensation compensation compensation for general infringement damage、Integrate the logic system from the scattered specification，It is a kind of resort to social needs、Practical exploration of national strategy and human well -being。Although the facts have repeatedly proved，It is extremely arduous to promote the innovation of knowledge by implementing appropriate damage compensation and relief rules，But if you are timid to try，Falling into an unknown strange circle without knowing，I will get nothing in the end。This also reveals us，The future development of the compensation system of intellectual property infringement damage damage in the new era，Need concept innovation、Theoretical innovation、System Innovation、Interactive collaboration of judicial innovation，Then the new idea of ​​the construction of innovative countries can be used、New method、New measures are transformed into endogenous motivation to promote knowledge innovation and economic development。

　 (The author is the School of Law of Huazhong Normal University、Associate Professor of Institute of Intellectual Property, Huazhong Normal University)