Trademark Infringement Applicable Law Of Punitive Damages

The "trademark law" regulation on the implementation of the trademarkinfringement punitive damages takes effect on May1st,2014in our country. Themain problem in this paper is how to applicable in law of punitive damages trademarkinfringement law, the author intends to carries on the discussion and research from“punitive damages from trademark theoretical research”,“comparative study ofpunitive damages”,” trademark infringement litigation of the judicial practice”.In this paper, the text is divided into three chapters:The first chapterFirst of all, after we synthesized the opinions from each expert inacademia, We defined" punitive damages" as "under the condition of the law, becauseof his fault in trademark infringement lawsuit, who defendant need to pay the amountmust more than the actual economic loss to the plaintiff’s money compensation”.Secondly, I will take a brief express on the punishment function; prevention functionand compensation function under the legal system of trademark infringement punitivedamages, and carry on the preliminary legal theory to explore. After demonstratingthe positive value and legitimacy of the punitive compensation system, this sectionbriefly describes the legislative background of punitive damages system. In the end ofthis chapter, try to compare and discuss from the similarities and differences, and connections between “The legal system of trademark infringement punitive damages“and “The compensation for the actual loss “and” Legal compensation” theoretically.The second chapterIn this chapter the author selected " trademark law in the United States in1946","trademark law in Taiwan”,“the punitive damages of intellectual property cases inTaiwan" as a reference object, for the theoretical research by using the comparativemethod, then discussing the relationship between the legislative cases in differenttrademark infringement the punitive compensation system; the perspective in discussis “social reality”,“legal tradition” and “legislation technology”in Various legal areasor in different areas, etc.The third chapterThe third chapter is puts forward some suggestions to apply punitive damagesregulation for trademark infringement civil disputes in judicial practice. This chapterfocus on the discussing according to the legislation intention, based on thetrademark law, stated in paragraph1of article sixty-three of "malicious" and "gravityof the circumstances" applicable conditions. In discussing the tort called "whengravity of the circumstances", describe and summarize the trademark infringementscope of punitive damages, conditions and rules reference to our country’s trademarkcriminal trial rules for specific quantitative to " the circumstances of the crime".