The Introduction Or Abolition Of Punitive Damages System Of Patent Infringement

The 21 st century is the era of knowledge economy, intellectual property plays an increasingly important role. Patents as an important part of intellectual property, have a pivotal position in promoting scientific and technological innovation and knowledge progress. Since the draft amendments of the patent law of the People’s Republic of China was first published by the Intellectual Property Office in august 2012, after a lot of research, until the latest version of the draft released in april 2015, time in the past nearly three years, however, around the main content of the draft, society and academic circles are still debating hotly. As the focus of this draft, discussion on the punitive damages in patent infringement is fierce. Will undoubtedly encourage innovation and strengthen protection is the trend of patent law amendment, yet to strengthen the protection whether or not it is necessary to introduce punitive damages, introducing punitive damages could reach the actual effect of strengthening the protection of, there is no final conclusion. By comparing legislative experiences of developed countries and regions, analyzing from the angle of legal theory and judicial application, combining with our current legal system and judicial system, to deny punitive damages into the patent law of China, to point out that punitive damages are not appropriate in the current patent law.This paper except introduction and conclusion is divided into four parts:The first part is an overview of damages, by introducing the basic definition and the main functions of punitive damages, lay the theoretical foundation of the research. Puntive damages is a particular system of the Anglo-American law, it emphasizes the punishment of infringer, curbs recurrence of tort, it is very different from the civil law system of compensative damages.The second part is a comparative study of extra-regional punitive damages in patent infringement, mainly based on the United States and Taiwan area of China patent of punitive damages, prove that under the existing patent system and the judicial system in China is not suitable for the introduction of punitive damages in the Patent Law. Over the past two centuries, even as the origin of punitive damages in the Anglo-American law system countries, there also have been numerous disagreements and controversies.The third part is from the legal theory, judicial practice, the balance of interests and other multi-point analysis, the introduction of punitive damages will cause legal theoretic confusion, result difficulties in judicial application, cause abuse of litigation, lead to the imbalance of interests. Therefore, the patent law should not introduce the punitive damages system.The fourth part is the analysis of basic theory of our current patent infringement damage system, clear the patent infringement should adhere to the principle of compensative damages. On this basis, to expound the calculation method of patnet infringement damages and put forward some suggestions for improvement, in order to promote the compensative damages as the principle of patent infringement damages system more perfect.