The Research On Punitive Compensation In Patent-infringement

With science and technology of development, social increasingly focused on patent of protection, patent application number continued growth, meanwhile against patent of phenomenon also more serious, which raised of patent infringement disputes case of number also appeared has fast rose of trend, this type of case in the damage of compensation problem became has concern of focus, China currently in patent infringement field take compensation system, in judicial practice in the, compensation in many situation Xia has cannot completely make up was infringement people by of loss, So the system of punitive damages in patent infringement advice more and more. 2012 65 th patent law amendments to draft specific provisions to increase punitive damages. Legal Affairs Office of the State Council on December 2, 2015 on the People’s Republic of China patent law amendment Bill(draft) for public comment. Compared with the existing laws, the draft strengthens penalties for violations. According to the draft, intentional infringement of patent rights, the people’s Court judge give the right person to a maximum of 5 million yuan of compensation. Our current patent law does not make specific provisions to limit of compensation for infringement of patent, only that, according to the amount of compensation of infringement of rights caused by the actual losses determined that multiple reasonable determination that reference the patent license fees; the loss of rights or infringement of people’s interests is difficult to determine, multiples of the reference the patent license fee determination. New draft amendments are clear, deliberate act of infringement, the people’s Court according to the plot, the size of the tort, loss and other factors, and sentenced to more than 1 time times determine the amount of up to three times the amount of compensation. This means that patent infringements introduction of punitive damage system in China is not far behind. Through the application of punitive damages effectively prevent and reduce abuses of patent rights, and also from the theoretical basis of the system specific study.This paper is divided into four chapters. The first chapter describes the system of punitive damages in this, pointed out its definition and function, as well as punitive damages and compensatory damages do a comparative analysis. And punitive damages that already exists in current legislation, and for the following patents of punitive damages in the field of theoretical basis of discussion. Chapter II from the reality of patent protection, system of punitive damages in patent infringement the need for in-depth analysis and feasibility study. Third chapter from the perspective of comparative law respectively introduced the common law of the United States and the civil law of Germany, and France, and Japan, and Chinese Taiwan the compensation systems in the field of patent infringement, and comparative analysis. The fourth chapter on punitive damages for infringement of patent system of China construction, mainly discussed the application of punitive compensation criteria and method to determine the amount of punitive damages and limitations on use.