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植物新品种权侵权诉讼中判决金额初探

Preliminary Study on the Amount of Judgment in the Infringement Lawsuit of New Plant Variety Right

  • 摘要: 植物新品种权侵权诉讼已经成为权利人维护合法权益的重要手段。通过品种权民事诉讼,不但可以制止正在发生的侵权,而且还能获得赔偿款,及时弥补因侵权给权利人造成的损失。判决赔偿多少影响着品种权人维权的积极性。本文分析和研究了2011年至2020年中国裁判文书网公布的判决书样本,基于裁判文书的公开性和说理性,试图找到法院在品种权侵权诉讼中判决金额的相关证据规则,并寻找原因,探索和建议权利人以更加科学和合理的方式组织相关证据,为类似案件处理提供初步的依据和参考。同时,希望在提高裁判金额上面有所裨益,以供参考。

     

    Abstract: Infringement litigation of new plant variety rights has become an important means for the right holder to protect their legal rights and interests. Through new plant variety rights civil litigation, not only can the ongoing infringement be stopped, but also compensation can be obtained to make up for the losses caused by the infringement to the right holder in time. The amount of damages in the judgment affects the enthusiasm of rights holders. This article analyzes and studies the sample judgments published by China Judgments online from 2011 to 2020. Based on the openness and rationality of the judgment documents, it tries to find out the relevant evidence rules for the amount of money judgment by the court in the new plant variety rights infringement litigation, the relevant evidence rules of the judgment amount, and the search for reasons. In addtion, it attempts to explore and suggest the right holder organize the relevant evidence in a more scientific and reasonable way, and provide a preliminary basis and reference for the handling of similar cases. At the same time, it is hoped that it will be helpful to increase the judgment amount.

     

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