Research On Punitive Damages In Trademark Infringement

The third revision of the Trademark law introduced punitive damages in 2003,which indicates that China has formally established the system of punitive damages in the trademark law system.Among them,the new Trademark law sixty-third provision describes punitive damages.Taking the provision as the starting point,based on the theory of simple introduction of the punitive damages and related provisions,this paper uses case analysis method to analyze the application of punitive damages for trademark infringement in terms of China's current judicial practice.Then the paper summarizes some gains and losses from the applicable conditions,the amount of calculation and the relationship with legal compensation.I put forward my own views and wish to provide a useful reference to improve the system of punitive damages in the field of China's trademark law.This paper consists of five parts:The first part is an overview of punitive damages in trademark infringement,which is a brief introduction and analysis of punitive damages system and Trademark law sixty-third.The second part is the analysis of the judicial application of punitive damages in trademark infringement cases,and puts forward the necessity of further developing its institutional functions.In the third part,the paper discusses the legal requirements of the"malicious" and "serious circumstances" in the punitive damages of trademark infringement.The fourth part analyzes some relative factors beginning with the calculation of the amount of punitive damages in trademark infringement.The fifth part discusses the relationship between punitive damages and legal compensation in trademark infringement,in order to better play the function of punitive damages system.