Research On Punitive Damages In Patent Infringement Compensation Systemin China

The punitive damages compensation system originated in Anglo American law system, is a quite important and as one of the controversial system. It is a new subject in civil law and civil law in China. It has the multiple value function of the interests of the infringed, the punishment of the patent infringement, the containment of the potential infringement and the initiative of the tort.In the patent law of our country, the system of punitive damages is not clearly defined, but it is only in the "draft" in the provisions of the punitive. Today, the economic value of intellectual property is becoming more and more prominent, the disputes of patent infringement in China are emerging, and the judicial practice in the judicial practice of the current situation of excessive application of statutory compensation. In judicial practice, the judge in accordance with the principle of compensation to the judgment. However, the same as the right of intellectual property rights in the trademark has been the first to establish the system of punitive damages, for light weight, with a higher technical and value of patent infringement disputes should be introduced into the system of punitive damages. The main goal of the system is to curb the current high level operation of patent infringement.In this paper, the particularity of patent infringement is discussed in detail, at the same time, from the angle of law and economics, it is the theoretical foundation of the introduction of the liability for punitive damages. Because of the limitation of the public law protection of the patent infringement dispute in our country, the phenomenon of patent infringement in the judicial practice is high?And, the current provisions of the patent compensation in our country are not in the operational aspect. Therefore, it is concluded that China should introduce punitive damages in the patent infringement compensation, and the article also analyzes the feasibility of the introduction of the system. The fifth chapter focuses on the legislation and judicial application of the system of punitive damages in China's patent option. First of all, the paper defines the scope of punishment patent infringement liability of punitive damages, in other words, the direct loss and indirect loss compensation, and that is not appropriate at this stage for compensation for mental damage and injury to goodwill, which is the past academic circles discussed ignored or avoided content. Secondly, the applicable conditions of punitive damages system of patent infringement are specified. Only the infringement of the subjective malicious, and caused serious damage to the facts of the infringement of the patent right can be applied to the system of punitive damages. And, from the aspect of entity and procedure, the system makes a reasonable limit to the plaintiff's claim. Then, to determine the amount of punitive damages for patent infringement, consider the factors associated with the music. And the punitive damages should not be applied simultaneously with the statutory compensation. The legislation mode of elastic mode should be adopted at the present stage in our country. Finally, it also takes into account the coordination of punitive damages and administrative responsibility and criminal responsibility. In order to deepen the theoretical study of the system, and strive to respond to the community of intellectual property punitive damages system of legislative and judicial needs.