The Research Of Punitive Damages In Patent Infringement Compensation System In Our Country

Punitive compensation system originated in British, and was popularin America. Patent infringement of punitive damages in America pass200years, from the initial easing of the current strict,while from theinitial immature to mature now, their valuable experience are learnedby many countries and regions around the world. If the common law countrieslearn the introduction of punitive damages is not surprising, but manypursue compensatory principle-based civil law countries and regions havealso introduced punitive damages in the field of intellectual property.Itwould have thought-provoking punishment exemplary damages, hasfar-reaching significance. As we all know, science and technology areprimary productive forces, especially high-tech patent is critical to thedevelopment of a country. At present, China is building an innovativecountry, but with the corresponding patent protection system is notperfect, there are also many deficiencies tort damages system as animportant part of the patent protection system. The phenomenon of "wonthe case, lose money" occurred frequently in practice. The law did not play an effective to make up for the loss of the patentee and deterrentrole of the infringer. The sound of punitive damages in the field ofintellectual property has a high voice. By the east wind of the "NationalIntellectual Property Strategy" and "Patent Law draft amendment to draft",the footsteps taking the head in the field of patent infringement ofpunitive damages are getting closer. This article from punitive damages,punitive damages at home and abroad, why my punitive damages problems,we put forward some recommendations to improve our patent infringementpunitive damages on the basis of summing up the experience at home andabroad. This paper is divided into four chapters on the above issues toget on specific research.The first chapter analyzes the basic issue of punitive damages.Firstly, introduce the definition of punitive damages.Secondly, eachfunction of punitive damages is introduced, summed up the punishment andcontainment of its core functions. Again, the applicable conditions ofthe punitive damages are introduced, most countries and regions of thesubjective aspect of intentional. Finally, analysis of the differencebetween punitive damages and similar concepts.The second Chapter introduce domestic and foreign patent infringementpunitive damages systems.Firstly, summarize the civil punitive damagesand analysis the punitive damages in terms of the nature in the field ofpatents in China.Secondly, in common law countries, only a representativeof the United States is introduced. In civil law countries, select Germany,some European countries, Japan and China’s Taiwan region. Finally, thedomestic and foreign patent infringement punitive damages systems arecompared.Chapter III solve why our country need the introduction of punitivedamages. Firstly, introduce China’s current patent infringement punitive damages system and analyze the inadequacies. Because if thecurrent system is good enough, even if no matter how good the punitivedamages system, China does not need. Secondly, the need for theintroduction of punitive damages in the patent field is demonstrated.Finally, the possibility of introducing punitive damages for patentinfringement in China is analyzed.In Chapter IV, give the two main recommendations to improve ourpatent infringement punitive damages. It is applied in exceptionalcircumstances, On the subjective aspects is willfully, objective aspectof the case is serious. Another point is to keep the ratio betweencompensatory damages. In addition, come up with some humble opinion tolimit punitive damages.