Trademark Infringement Applicable Law Of Punitive Damages

The "People’s Republic of China Trademark Law"(came into effect on May 1, 2014) provides for punitive damages for trademark infringement in Article 63. This is a major initiative of trademark law, but there’re no provisions stipulating how to apply to this provision. In this paper, the author will focus on the application of punitive damages in trademark infringement, study the trademark punitive damages theoretical, compare punitive damages in different countries, and examinate trademark infringement judicial practice.This paper is divided into three chapters:The first chapter, the author will determine the definition of "trademark infringement punitive compensation". The trademark infringement punitive compensation discussed herein refers to a amount of money defendant in the trademark infringement lawsuit shall pay to the plaintiff because of fault, which is beyond the plaintiff’s actual economic loss. Secondly, the author will discuss the function of punitive damages in trademark infringement legal system. Function includes: compensate function, punitive function, restrictive function and incentive function. Thirdly, discuss the positive value of bringing the punitive damages in trademark law system. Finally, study the difference of punitive damages in different trademark law system of different countries, summarize the common points, in order to provide some useful experience for the application of China’s trademark law punitive provisions.The second chapter focuses on the judicial practice of punitive damages in trademark infringement. Discuss how to sentence "malicious", and "serious circumstances" in paragraph one of Article 63 in trademark law.In chapter three, the author will study the calculation of trademark infringement punitive damages. Firstly, the author introduces three kind of basic datas calculating the punitive damages, also the calculation of the data. Then we study the relationships between trademark infringement punitive damages and other compensation, Including: relations between trademark infringement punitive damages and statutory damages, relations between punitive damages of trademark infringement and reasonable expenses, relations between trademark infringement punitive damages and fines and relations between punitive damages of trademark infringement and penalties.