The Research Of Punitive Damages In Intellectual Property Infringement

Punitive compensation system originated in Anglo-American Legal System countries, always has been a very important and much argument system. This system affects not only the Anglo-American Legal System countries, but also affects many the common law countries. Now it also is the science of our civil legislation and a new task, it has compensation victim loss, punishment and curb illegal multiple functions. From our country actual situation, the economic value of intellectual property rights is increasingly prominent in today, intellectual property infringement behavior emerge in endlessly, intellectual property infringement cases have many particularity compared with general civil infringement cases, pure apply to compensability compensation can not curb the occurrence of infringement of intellectual property, so it is necessary to drawlessonsfrom experiences from outside relevant countries and region of intellectual property infringement field. Punitive compensation broke compensatory compensation principle, focused on to fill the punishment and curb infringer in our country, Establish this system in intellectual property law has its rationality of law, and also have economic efficiency. Of course any kind of system has its particular appliance range, the author holds that punitive compensation must have legal clearly stipulates, and that intellectual property infringement punitive compensation should be limited to the applicable intentionally and serious ACTS of intellectual property infringement, punitive compensation should be a necessary part of intellectual property legal compensation system, the determination of the punitive damage amount should also be in intellectual property legal compensation range, and punitive compensation are closely related with compensatory compensation, when determinate compensation amount, should make keeping proper proportions relations between punitive compensation and compensatory compensation.This paper divided into four parts altogether except preface and epilogue. The first part is to analyze the current situation of the damages of our country intellectual property infringement. First, it introduces compensatory compensation is the main way for damages in intellectual property infringement. Then proposed the author himself opinion in this regard on the basis of the analysis of the field of intellectual property right in our country at present whether existence punitive compensation liabilities debate, the author thinks that the view in China at present only in the field of intellectual property right of patent infringement compensation in the relevant provisions of the judicial interpretation embodies the punitive compensation factors, the punitive damage not as a system to clarifying standard legislative forms.The second part is to analysis the necessity and feasibility in China's intellectual property infringement apply to punitive compensation. First it analysis the academic viewpoint controversy about whether should apply to punitive compensation in intellectual property rights infringement field simply. Then presents the author himself opinion that should be applied to the punitive damage from six aspects reasons, demonstrate the necessity and feasibility from six aspects about intellectual property in China demonstrates tort law should apply to punitive compensation .The third part is the comparative study about the intellectual property punitive compensation of foreign countries and region. Based on relevant countries and regions of foreign about intellectual property protection and punitive compensation system advanced legislation mode and experience comparative analysis, it will provides inspiration and reference for our country in intellectual property infringement cases construct punitive compensation system.The fourth part is specific construction about punitive compensation system of the China's intellectual property infringement field. Firstly, it demonstrates that will trigger new questions when establish punitive compensation system, but those new questions can be relevant coordinated, or can be overcome, or can be acceptable, anyhow they are solvable, they are not the real problems. Secondly, it analyzes how to specific design a set of complete and reasonable punitive compensation system rules, the author thinks that, it need to have special requirements when apply to punitive compensation in the field of intellectual property infringement field, firstly, applicable scope should be limited in the deliberately and serious ACTS of intellectual property infringement, secondly, punitive compensation in accordance with the applicable must be infringed party request. In addition, the determination of the punitive damage amount should also be in intellectual property legal compensation range, and punitive compensation are closely related with compensatory compensation, when determinate compensation amount, should make keeping proper proportions relations between punitive compensation and compensatory compensation.