A model for evaluating the influence factors in trademark infringement based on fuzzy analytical hierarchy process

Issue title: Cross-domain Applications of Fuzzy Logic and Machine Learning

Guest editors: Ekaterina Isaeva and Álvaro Rocha

Article type: Research Article

Authors: Liu, Jieming^a | Hu, Yingxiang^a | Wang, Fan^{b; *}

Affiliations: [a] School of Law, Humanities and Sociology, Wuhan University of Technology, Wuhan, China | [b] Management School, Wuhan Donghu University, Wuhan, China

Correspondence: [*] Corresponding author. Fan Wang, Management School, Wuhan Donghu University, Wuhan, China. E-mail: [email protected].

Abstract: There has an important modification of the trademark infringement compensation system in China’s trademark law (2013). Yet through the big data retrieval and analysis software like Citespace, the study found that such difficult problems as generalization of statutory compensation, being difficult to determine the base of punitive damage, lower average compensation in trademark infringement case still exist. Simultaneously, researching on the evaluation of the compensation system for trademark infringement is not completely. This study has constructed the influence index of calculating the statutory compensation amount for trademark infringement through analyzed the judgment on trademark infringement cases in China in the past decade and previous research. Based on these indexes, researchers used fuzzy analytic hierarchy process (FAHP) to analyze the effective judgment of trademark infringement compensation case of Beijing Intellectual Property Court in 2018. Results point that the Court makes better use of statutory compensation in the trademark infringement case.

Keywords: FAHP, intellectual property, trademark infringement, statutory compensation

DOI: 10.3233/JIFS-179755

Journal: Journal of Intelligent & Fuzzy Systems, vol. 38, no. 6, pp. 6777-6784, 2020