Research On The Punitive Damages Of Patent Infringement

With a rapid economic development, patent plays an increasingly important role. In recent years, the number of the cases of patent infringement is seeing a growth year after year and the Patent Law of the PRC has been revised for three times, the fourth revision is undergoing, in which patent infringement has always been the core issue of the revisions. However, in the practice, whether to introduce the punitive compensation standards has always been in controversial. This thesis conducts its study on the patent infringement punitive compensation on the basis of the fundamental theories in domestic and the relevant legislation practices from abroad, and this thesis includes four chapters.Chapter one introduces the notions and characteristics of patent infringement and patent infringement compensation as well as the principle of patent infringement.Chapter two firstly analyzes the rationality of patent infringement punitive compensation in detail from the aspects of its theoretical basis including security, freedom, equality and efficiency and the particularities of intellectual property rights. And then this chapter thoroughly probes into the social foundation of patent infringement punitive compensation on the basis of the judicial practice and legislation practice of our country. This chapter tries to cite latest case of patent infringement to explain the necessity of the application of patent infringement punitive compensation so as to offer the theoretical and practical foundation to the related legislation.Third chapter introduces the comparative studies on the relevant legislations and practices of patent infringement punitive compensation at abroad; meanwhile, it mainly presents the relevant regulations in the USA Patent Law and the practices of its system of patent infringement punitive compensation as well as some practices in Germany and some other countries. This chapter concludes the advantages and disadvantages of the legislation of patent infringement punitive compensation in foreign countries so as to take them as a model for introducing punitive compensation into China’s Patent Law.Chapter four including the evaluation the system of punitive compensation in China’s Patent Law and some suggestions for its improvement. First, this chapter explores the current situation of China’s legislation about patent, and then explains the related regulations and evaluations of the Draft Amendment of the Patent Law of the People’s Republic of China (consultative draft). At last, this chapter conducts its analysis from two aspects including the practices and difficulties of China’s patent law of the relevant regulations in the draft amendment of patent law and the empirical research on China’s patent infringement; discussion and debate:explores the different opinions and approaches in practices; prudence and restriction:mainly analyze the application of punitive compensation and the amount of compensation in patent infringement and based on these to put forward some suggestions for the improvement of the revision the article65in the Consultative Draft.