Punitive Damages And Chinese Trademark Infringement Relief System

This article starts out here from punitive damages system, and sorts through itsdefinition, development path, connotation, foreign related situation and currentlegislation situation. And according to the empirical research of Beijing firstintermediate people’s court decision on nearly two years trademark infringement cases,it analyses current judicial practices of punitive damages system, demonstrating thefeasibility about introducing the punitive damages system into Chinese trademarkinfringement remedy system, and probing how to make it more suitable for China.This article will discuss in the following sections.The first section introduces the punitive damages system, mainly clarifying thehistory of its development. Start from the ancient law to the truly common law’spunitive damages system, it is to establish the knowledge background of this article.The second section presents the current domestic research status of punitivedamages system. Based on the discussion of its definition, application conditions,application scope and the functions, we will clearly understand how we know thesystem, providing the way to whether it works in China or not.The third section introduces punitive damages system and trademarkinfringement remedy system. As the core of this article, this section mainly starts withamendment of three laws, combining with the sample data analysis and the trademarkinfringement remedy situation, and tries to find out problems and solutions.The fourth section is a sublimation of the former three sections. Based on theformer (previous) analysis and writer’s understanding on punitive damages system,this section will give us some suggestions about introducing the punitive damagessystem into Chinese trademark infringement remedy system.