Study On The Punitive Damages Under The System Of Intellectual Property Rights

Punitive damages in cases of infringement on intellectual property rights (IPRs) play an important role in strengthening IPRs protection. The legal system of punitive damages in cases of IPRs infringement originated in common law jurisdictions, but it has exerted substantive influences over the legislation and judiciary in civil law jurisdictions. Aiming at problems in the field of intellectual property infringement, legal system of punitive damages has drawn wide attention in both theory and practice, and has been clearly defined by the modified trademark law. However, the existing research achievements from both theory and practice in China can hardly meet the demands of its legislation and judiciary. Therefore, this article attempts to conducted a thorough and comprehensive research on the basis of the theory, investigated the extraterritorial law, the legitimacy of research, the need for analysis, design of legislative system concerning punitive damages systems, so as to deepen the theoretical research on IPRs-related punitive damages. It raise constructive proposals and suggestions on establishment of China’s legal framework and judicial enforcement in this regard.This paper divided into five parts altogether except preface and epilogue. The first part is an overview of IPRs-related punitive damages. First, it define concepts, characteristics, nature on punitive damages. Then it further analyse the origin, meaning and function of IPRs-related punitive damages, so as to provide theoretical support for the following discuss.The second part is the extraterritorial investigate of IPRs-related punitive damages. This part inspect punitive damages of IPRs of some area concerning major countries in the common law system and the civil law system and Taiwan province to provide useful lessons for establishment China’s IPRs-related punitive damages.The third part is the justification in relation to IPRs-related punitive damages. It analyse the disputes whether draw into IPRs-related punitive damages. And it focuses on exploration of the theoretical basis of justification in relation to IPRs-related punitive damages from the perspectives of civil law and define theoretical significance of IPRs-related punitive damages.The forth part is feasibility and necessity study on IPRs-related punitive damages in China. It firstly analyse the current status on IPRs infringement in China and drawback under the existing IPRs-related laws. So it further explain the necessity of introducing IPRs-related punitive damages. This part state feasibility of IPRs-related punitive damages through the extraterritorial experience, domestic legislative experience and legislative trends of IPRs.The fifth part is the proposal to establish and perfect IPRs-related punitive damages. Firstly it define the pre-conditions for applying IPRs-related punitive damages and the amount of punitive damages by comparing the punitive and compensatory damages. And it suggest reasonable limitation of the system and deal with coordination with criminal and administrative responsibility.