Research On Punitive Damages In Patent Infringement Compensation System

At present our country’s patent infringement damage compensation system,only a compensatory liability form, but its low compensation problems, many cases could not adequately relief of the victim, on the protection of the patent right is very insufficient, is not conducive to the development of social economy and technology.Therefore need to be improved the current patent infringement damage compensation system. The tort party pay the punitive damages, it is more than the actual amount of the damage a money damages. Punitive damages responsibility than the compensatory liability of the infringer penalties, curb the effect is much better for patent infringement. To introduce the punitive damages in the field of patent infringement in our country, under certain conditions apply punitive damages, correct the deficiency of compensatory damages, patent infringement damage compensation system in China can be more perfect and reasonable.A system can be well applied to practice and play its proper role, the key lies in whether the system of the specific design scientific and reasonable. Punitive damages is a special form of civil liability of the role of stronger sanctions, if excessive to apply punitive damages in the field of patent infringement, in addition to the curb patent infringement to produce powerful role, may also inhibit bypass invention patents such as negative influence. Therefore, in the construction of patent infringement, punitive damages system needs to follow the principle of prudent apply, the punishment principle of fairly and effectively. At the same time, by setting the suitable conditions of punitive damages in the field of patent infringement applicable scope of strict control, regulations specifically a subjective important document and objective important document and the conditions of application, confirm its applicable objects as subjective is deliberately and infringement is serious patent infringement. And in order to prevent “day price” punitive damages, shall be conducted on the calculation method of the amount of punitive damages in detail, in order to “compensatory damages”as the calculation base, choose by “more than double, three times” within the elastic calculation model.