Study On Application Of Liability For Punitive Damages Of Patent Infringement

In order to contain a serious phenomenon of patent infringement in China and overcome “lower compensation” for patent right protection, State Intellectual Property Office increases liability for punitive damages of willful infringement when it submits the Revised Draft of Patent Law of the People’s Republic of China(Draft for Examination). This develops a brand-new path for solving a problem of lower costs for patent infringement’s illegal costs and not easy to safeguard legal rights of patent owners.However, after liability for punitive damages of patent is not an intrinsic liability for damages in China, Chinese courts are lack of experience in its applicability. In application conditions of the liability for punitive damages, especially for affirmation of “intention” as well as confirmation of compensation amount, there are still larger problems. The company combines with stipulations in Article 68 of the Revised Draft of Patent Law and concentrates on the above-mentioned two problems to analyze and study, for the sake of solving these application problems.The paper contains three chapters and studies application problems of the liability for punitive damages of patent in line with the logical idea of raising a problem, analyzing a problem and solving a problem. Chapter one raises a problem. It firstly analyzes and discusses basic principles of punitive damages, compensation and liability for existing patent damages, and value of introducing the liability for punitive damages and puts up with application problems studied based on it, namely what are application conditions of the “liability for punitive damages, and how to confirm amount of punitive damages.Chapter two can be divided into two sections and it analyzes the abovementioned problems by using a comparative study. In section one, it concentrates on analyzing dissimilarities of application conditions between the liability for punitive damages and the liability for compensation damages. To be specific, it can be divided into affirmation of “intention”, range of compensating for loss of the liability for punitive damages, and procedure elements of applicable punitive damages. Section two analyzes the amount confirmation of punitive damages and studies the cardinal number of calculating punitive damages specifically, as well as a relation between statutory damages and punitive damages in applicability, and influences of subjective malignant degree on punitive damages.Chapter three is the conclusion, proposes its suggestion for application problems of the liability of the punitive patent damages and evaluate whether Article 68 of the Draft is reasonable or not. Chapter three can be divided into two sections. Section one provides recommendation on the application conditions of the liability for punitive damages. The specific content includes affirmation of intentional infringement, affirmation of punitive damages and losses, and procedure conditions of the liability for punitive damages. Section two gives advice to confirm amount of punitive damages, including three aspects, namely it evaluates the application relation between punitive damages and statutory damages of the Drat, and judges consideration factors of punitive damages amount, and evaluates the multiple proportion relations between compensation in the Draft and punitive damages.