Research For Application Of Punitive Damages In Chinese Intellectual Property Protection System

With the deepening of the knowledge economy coming of age, and the process of economicglobalization,intellectual property has become the core elements of thestrategicresources of the national development and international competitiveness. For the incentiveof intellectual property in creating innovative, and safeguard the legitimateinterestsof intellectual property rights, improve the protection of intellectual propertysystemis the key. In recent years, China has made great progress in IPR protection,but when toprotect the benefits of rights holders, to curb the serious abuses, and encouragethe rightsof initiative rights or other issues still helpless. The writer believe that only setup the systemof punitive damages in intellectual property protection system is to improveto help in solving problems.This paper attempts to learn from the analysis of the status quo, and comparethelegislation of other developed countries, research for application of punitive damagesin Chinese intellectual property protection system. This article intends to discuss thefollowing four parts:The first part put an overview of the jurisprudence of punitive damages system,aimsto provide background and technical platform for this article,and lay the foundation forthe subsequent exposition.The second part explore the application of punitive damages system at home and abroad.Whether the punitive damages system exist or not, how it is works,these questions are allthe write wanting to answer.The third part want to confirm the punitive damages system is needed for theintroduction of China’s intellectual property rightsprotection system. The system is beneficial and harmless, but also needed for rapid introduction.The fourth part is research for how the punitive damages system probe intoChina’sintellectual property rights protection system.how it can be perfectly integrateinto the existing system of protection? Or How to set the amount of punishment? These areall the writer want to answer.