The Study On Punitive Damage Of Infringement Of Patent Right

Patent right is connected with technology, and also is connected with law at thesame time. How to make technology becoming productive forces and how to makeour country becoming an innovation country which all can’t become real withoutprotection of law. Particularly, this days, the phenomena of infringement of patentright is very common, even very serious. To solve this problem, more and morescholars suggest that infringement of patent right should be punitive damages.According to Patent Law amendment published in2012, punitive damages isadded.Thus, it is necessary to study on punitive damages on infringement of patentright in order to support the needs of legislation on this subject.Chapter one mainly focus on studying the theory of punitive damage ofinfringement of patent right. Firstly, the theory of punitive damage is studied in orderto support the theory of punitive damage on infringement of patent right. Secondly,the feature of patent right is analyzed in order to supply theory of basic. Thirdly,justice of punitive damage is analyzed. Patent right is essentially private right, andaccording to general theory of civil law, principle of infringement on private right isgenerally compensatory damage.Chapter two studies the punitive damage of infringement of patent right inabroad. Firstly, America, British, and Australia are studied as representation ofAnglo-American Legal System. And America is mainly studied, since America has200years of punitive damage of infringement on patent right and can give us benefit suggest. Secondly, German, France, Japan and Taiwan are studied as representationsof civil law system and mainly focus on the legislation of German. Finding that theAnglo-American Legal System and the civil law system have the same attitude on thepunitive damage on infringement of patent right.The content of chapter three, taking two above chapters as the basic, suggestslegislation on punitive damage of infringement of patent right in our country. Firstly,necessity and practicability of punitive damage of infringement of patent right areanalyzed. The necessity focuses on the situation of infringement of patent right in ourcountry and our country of innovation. The practicability focuses on development ofeconomic and social of our country. Secondly, the publishing suggestion of Patent lawamendment on punitive damage on infringement of patent right is analyzed. Thestandard of willful is discussed, and the power and duty of administration of patent isalso discussed. Thirdly, my suggestion of legislation on this subject is proposed.Suggesting as follows: willful infringement is precondition not necessary condition inpunitive damage of infringement of patent right.