The Research Of Punitive Damages In The Field Of Intellectual Property Of Our Country

Punitive damages was officially written in Trademark Law in the year of 2013.It also appears in the amendments of Copyright Law and Patent Law. It seems that China is seeking the widespread use of Punitive damages in the field of intellectual property, which will further enhance the protection of the intellectual property. We can find out that there are differences relating to punitive damages between the three laws mentioned above. Besides, trade secrets is out of the protection of punitive damages,which is also one of the objects of intellectual property. The current legal system needs a further completion to have a positive response to the demands of the legislation and judiciary. The rational use of an institution based on the design of lawmaking. After establishing punitive damages in the field of intellectual property of our country,the use of it really matters. Whether punitive damages will be used properly in judicatory practice and whether the effect is precisely what the lawmakers’ original proponents hoped for, these are all based on the design of lawmaking. By studying, this article will supply the suggestions about lawmaking in the field of intellectual property of our country, which aims to establish a systematic and differentiated punitive damages legal system.This dissertation consists of three sections, which are preamble, main body and conclusive remarks. The preamble section points out the significance and purpose of selecting the theme of punitive damages, briefly introduces the research object of punitive damages, and summarizes the innovation of this dissertation. Chapter two is about the overview of punitive damages. Firstly, the dissertation researches the nature and function of punitive damages, which is the base of the research. This part discusses the private law nature and main functions of punitive damages. Secondly, different opinions of using punitive damages in the field of intellectual property of our country are introduced, and focuses of dispute are evaluated and analyzed. Chapter three is about the research of the current law system of punitive damages of our country, discussing the compensation system of each single law and calculation method. This part aims to find out problems and get down to current situation. Chapter four is about foreign punitive damages systems using comparative research method. This part researches relative law systems in both continental legal system countries and Anglo- American law system countries in the aim at studying references and experiences. Chapter five concludes the inadequacies of current punitive damages system of our country in the field of intellectual property, which are differences between each single law and different applying standards. This part also gives some lawmaking suggestion, which are using punitive damages system in the field of intellectual property of our country generally, specifying both subjective and objective factors, and empowering IPR owners the right to choose the way of calculating damages. Conclusive remarks consist of conclusion and summarization of the major viewpoints of this dissertation.