Research On Patent Infringement Of Punitive Damages System

China's current "patent law on patent infringement civil liability has been applied the principle of compensatory compensation, is due to act of tort and liability for damages shall be limited to actual damage. It main function is right compensation of losses. But the patent infringement case itself its own forensics difficult, infringement easily and large in scale, the losses of the patentee is not easy to determine, higher cost of rights features, using only compensation principle is not sufficient to protect the rights of the patentee, it is necessary for us in patent field is introduced to deterrence, compensation, punishment, encouragement and the system of punitive damages in the role of market transactions. In view of this, released by the State Intellectual Property Office, in 2012 the patent law amendment (Draft), "the draft for the first time mentioned the punitive damages is was modified in 2013 to the State Council submitted the draft amendment of the Patent Law (Draft)" on the inside of the draft of punitive damages, the author in this paper from a comparative law point of view of the United States, Germany, Japan, China Taiwan in patent infringement applicable or attitude, according to the current situation of our country, analyzes the patent law of the People's Republic of China in introducing the punitive damages to how to apply to the specific operation to more favorable social stability.The structure of this paper is divided into five parts. The first chapter is an overview of patent infringement of punitive damages, including the concept of punitive damages, nature, function and with compensation relationship are described. The second chapter introduced China's patent infringement damages and punitive damages in the Department of law of the People's Republic of China, and scholars about in the patent law of our country introducing punitive compensation dispute is introduced, put forward the author's point of view, analysis of the patent law of the People's Republic of China constructs the punitive compensation necessity, laying the groundwork for the following discussion and legislative proposals. The third chapter analyzes the application of punitive damages in the United States from the legislative and judicial point of view, as well as the negative impact of the application in the process of the application and the inspiration to our country. The fourth chapter discusses the civil law countries, Germany and Japan on the patent infringement of punitive damages, and the attitude of the reasons for this analysis. In addition, this paper introduces the punitive damages of patent infringement in Taiwan area of China, and the system of punitive damages in the patent law in Taiwan area is removed. The fifth chapter puts forward some suggestions on the construction of punitive damages in China's patent law, mainly in terms of the applicable conditions and the two aspects of the thinking of the draft amendment to the patent law. I hope that through this study, to establish and perfect a force of China's patent infringement punitive damages system.