On Punitive Relief Of Compensation For Intellectual Property Damage

At present, China ’s intellectual property protection at a relatively low level.However, it should be noted at the national level to determine the construction into a newcountry, to go after the road of technological innovation, intellectual property protectionefforts gradually. The three main sectors of intellectual property law are carried out withdifferent degrees of modification. The infringer imposed because of infringement ofintellectual property have also increased the amount of compensation, but for the overallprotection of intellectual property rights situation, which is still insufficient protection.Our existing intellectual property infringement litigation, the rules of evidence takenin seeking protection of intellectual property is not conducive to legal remedies.Compensation for infringement of intellectual property rights in accordance with therules, the right holder is basically impossible to obtain evidence of one’s own losses orthe infringer’s profits, and in this case, the amount of compensation is entirely discretionof the court. The civil court in accordance with the implementation of the " principle ofleveling " or " compensatory principle" discretionary compensation even if the court cancompensate for this infringement of the losses caused to the right holder, but othersimilar violations in the loss, will because testify problems irreparable damage.Intellectual property protection that cost, and by protecting the interests obtained isproportional. Infringement of intellectual property rights in the gains are greater than itsrisks and costs. Therefore, the existing civil adopted " filled Principles"," compensatoryprinciple" tort standard is really difficult to do effectively curb IPR violations occur.Given the current difficult situation of intellectual property rights, the author tries tointellectual property infringement punitive damages in this way, to distinguish it from thecurrent intellectual property rights of compensation " filled Principles"," compensatoryprinciple " for the rights of rights holders provide another practical way. Article is dividedinto four parts, specifically discussed the issue on appeal, research.The first part focuses on the status of our current intellectual property protection andthe applicable punitive damages significance. The author of the current judicial practiceobservation, found that intellectual property rights holders to protect their rights and thedifficulties encountered in the current limitations of intellectual property rights law,considers it necessary to establish intellectual property infringement punitive damages.The second part to U.S. patent law, trademark law, copyright law, punitive damages for the comparison, combined with Taiwan, South Korea and other specific punitivedamages in civil law provisions, summarized extraterritorial infringement of intellectualproperty rights punitive damages Practice and Experience for China’s intellectual propertyrights punitive damages system is established to provide advice and samples.The third part of our country’s system of intellectual property infringement punitivedamages the legitimacy of analysis, from the nature of the intellectual property system asa starting point for intellectual property obtained punitive damages is reasonable basis,and expounded China’s IPR Infringement punitive damages the necessity and feasibilityanalysis, combined with the "Patent Law Amendment Bill (draft)" Contained modify thebackground and intellectual property protection trends, summarize the establishment ofintellectual property infringement of punitive damages theoretical basis and necessity.The fourth part, put forward China’s intellectual property damages improve andsupplement the system, including proof system adjustment and punitive damages build.