Study Of Punitive Damages In Intellectual Property Law

As a branch of The Civil Law, when come to the remedy of Infringement The Intellectual Property Law in China have been using compensatory damages system for a long period. For majority of Intellectual Property Infringement, using compensatory damages can achieve the goal of complete remedy. But, as a member of the WTO and TRIPs agreement,when compare to the Intellectual property system of the developed country we are lagged behind and also the rapid development of the internet makes the Intellectual property infringement on the internet more complicated, so in that condition compensatory damages can’t fully compensate the obligee as well as make the infringer get a large profit which he do not deserve. In order to solve the problem, this essay is make a study about present remedy of Intellectual property infringement in china and Punitive damages in America, by using economical analysis and analyze the practice of law to prove the necessity and probability that punitive damages can be written in Intellectual property law in china.This article uses the total structure as a whole. The first part is the overall summary of the chapter, briefly introducing the damage compensation system in china including relevant articles related to compensatory damages and judgement to amount of compensation related to the intellectual property in juridical practice. Also introducing the problem which exsit in the intellectual property system in china, specially point out the flaw of the compensatory damages.The second part is introducing the rule of the punitive damages in American Intellectual property system, including introducing classical American case to show that as time goes by the condition of using "treble damages" have changed but the meaning of punishment never change, and also show the means of Article504(c)(2) to punish the people who violate the publishing law by introducing some case related to publishing law. At last, summarize the enlightenment of the American Punitive damages to Chinese Intellectual Law system.The third part is most significant part in essay.Using multiple angle like economy analysis to analyze the necessity to bring punitive damages to Chinese Intellectual property system, and conclude the probability to bring punitive damages according to the legislation and interpretation of law in china.The fourth part is the whole legislative structure of the punitive damages suggested when it written in Chinese law system including the principle, condition, the means of calculating punitive damages and precautions.