The differences between civil law systems and common law systems in terms of intellectual property protection, with examples

The difference between civil law and maritime law may be the difference between case law and statutory law.

In terms of intellectual property protection, the approval process may be similar, but in litigation procedures, the determination of the law of the sea is made by the jury, while in civil law, the judge makes the decision based on the official interpretation of the legal provisions.

At present, there are two ways to calculate the amount of compensation for infringement in China, one is the loss of the infringed party, and the other is the illegal gain of the infringing party. If the above two methods are difficult to calculate, the law stipulates an upper limit for compensation, which may be 500,000. But this provision may be being revised and punitive damages will be added.

In the United States, a jury may determine whether there is infringement and how to calculate the amount of compensation. When the judge formally pronounces the verdict, he will add three times the punitive damages.

As for determining whether the patent right is valid, it is the courts in China that can ultimately determine whether it is valid. The United States has revised its patent law, and the U.S. Patent Office can also determine whether the patent right is established. From this point of view, the world's patent protection systems are converging and integrating.

The above is just a personal opinion.