Modern Social Science Research

When dealing with compensation amounts in infringement cases, the actual losses of the rights holder are usually given priority consideration as the basis for calculation. However, in Chinas judicial practice, the proportion of cases where the actual loss of the rights holder is used as the compensation benchmark is relatively low. One is the difficulty or negativity of the rights holders in providing evidence, and some rights holders may be unable or unwilling to provide such evidence, resulting in actual losses that are difficult to use as compensation criteria. Secondly, the judicial community generally believes that actual losses are difficult to accurately evaluate. Therefore, legal practitioners tend to use statutory compensation methods rather than a more quantitative and objective compensation determination system. This article focuses on the actual losses of rights holders in substitute infringement cases, using cross price elasticity, supply and demand analysis, and double difference methods for exploratory evaluation. Similar cases are analyzed from both economic and legal perspectives, and optimization suggestions are proposed.

Cross price elasticity; Supply and demand analysis; Double difference method; Infringement compensation