Research On The Establishment Of Punitive Damages System Of Intellectual Property In China

Compensation mainly bears the tort liability of intellectual property rights due to the immateriality of the adjustment object of intellectual property rights. The key to realizing the function of compensation is the sicentific and reasonable compensation principles. Dealing with torts of intellectual property rights, National Intellectual Property Law’s relief principle is the filling compensation principle, which is the basic compensation principle among national civil damages. In practice, the filling compensation, however, has shown its weakness in protecting the intellectual property rights and in fully compensating the obligee and warning the infringerThe issue of compensation for intellectual property damages is a big problem in the field of intellectual property rights. It is, in microscopic view, a problem of the justice and righteousness of individual cases, while in macroscopic view, it matters achieving the goal of all the policies of intellectual property rights. The thesis summarizes current compensation for damages through the origin to the development of the punitive compensation. To seek theoretical basis for developing national policies of punitive compensation for torts of intellectual property rights, the thesis demonstrates, from the angle of legal principles and Law and Economics, the legitimacy of policies of punitive compensation for torts of intellectual property rights. The thesis also demonstrates their feasibility by comparing foreign policies with our practice of legislation.The last part discusses building a system for punitive compensation policies in the field of intellectual property rights, including imputation principles and compensation amount applying to punitive compensation.