Study On Liability Of Punitive Damages For Patent Infringement

Along with our country economy increasingly, enterprise technology innovation capability has been markedly enhanced, patent has continued growth, driven by the interests of the patent right for increased, frequent patent infringement. The identified violations constitute the premise of specific compensation issues, has become an urgent priority and difficult point. In practice, the infringer through patent infringement behavior gained, there is a certain probability to avoid responsibility, even if is the victim of the exercise of the right to claim for compensation, but also because of the unfavorable factors existing in the burden of proof or not in the calculation of the loss of their own fully compensated, so since the patent infringer illegal speculative psychological enhancement in the interests of the lure, repeated infringement, the possibility of greatly increased, but also will have to follow some implications for the potential offender. The traditional tort damages system always fill the compensation is clearly not enough to deal with this situation. And the punitive compensation because of its mechanism comprises the punitive and deterrent effect, for patent infringement malicious or reckless illegal vigilance and a powerful blow, can solve this problem and open a new path.Now, China is one of the pillars of the "law on intellectual property rights in the field of the patent law" revised, the law of change proposals put forward the punitive compensation provisions, the amendment proposal has not yet been standing committee of the National People’s Congress passed legislation trend, but the increase of punitive damages has become people consensus. Three aspects of research for this thesis focuses on the design of punitive damages provisions:analysis of the rationality of punitive damages in China; design patent infringement of the system of punitive damages; should pay attention to the application of punitive damages.The first part, through the introduction of the system of punitive damages against the patent protection in the field of view of one one view, clear the punitive damages in the course of the analysis of the connotation and denotation as well as characteristics. From the analysis of the necessity to introduce the punitive damages in a move that the current legislation and the judicial practice of patent protection in China, at the same time, from the aspect of comparative law experience, ideological basis, legal system, may be on the system thinking and demonstration, inquiry of patent protection of the current system environment, the field of tort patent punitive damages whether it is reasonable, for the punitive compensation system design.The second part, modify the "draft" design on punitive damages system is modeled on patent, the applicable conditions, the draft design calculation method to be reflection and discussion, points out the defects in the draft system settings and improved path planning and the lack of legislation.The third part, mainly explains the punitive compensation system should pay attention to in the application of the problem. First of all, we must clarify its relationship with other systems, and secondly to clear its orientation in the patent infringement compensation system, and limit the application must be given.