The Research Of Punitive Damages For Intellectual Property Rights Infringement

The system of the punitive compensation of intellectual property is widely followed by the theoretical and practical circles of China,and has already made explicit provisions in the trademark law.The state also issued documents suggesting that punitive damages could be applied for infringement of intellectual property.Therefore,in order to better in punitive damages prescribed in the legislation and effectively apply punitive damages in the judicial practice,it is necessary to study in detail the punitive compensation system,improve and perfect the system of punitive damages,provide the corresponding theoretical basis for the legislation and judicial practice.First of all,to the basic theory of intellectual property infringement punitive damages have a certain understanding,punitive damages system in Anglo-American law system,especially in the United States has a long history,and established a complete system.By studying the concept of punitive damages,infringement of intellectual property rights can be drawn from the basic meaning of punitive damages,punitive damages system is analyzed on the relationship and difference with the traditional system of compensatory damages,the understanding of the basic meaning is more intuitive.Secondly,the purpose and function of punitive compensation system are analyzed and studied.Field of intellectual property infringement in the end,if it is to analysis the necessity and feasibility of introducing punitive compensating system,the most need to be solved is why can apply the punitive compensation system in the field of intellectual property infringement,rather than in other areas,and according to the characteristics of intellectual property rights,to analyze its difference with the real right and is damaged when the characteristics of based on the study of necessity and feasibility.On this basis,through the comparative analysis of punitive damages system of intellectual property infringement in the United States,Britain,Germany,South Africa,our country Taiwan area and the applicable law of domestic situation,it is concluded that different law countries and in different areas of punitive damages in particular characteristics of application of punitive damages for intellectual property infringement scope and sum up the basic conditions,comparing the shortage of our country in the process of apply for intellectual property infringement punitive damages system,pointed out the direction of the further perfect.Perfecting advice on intellectual property infringement punitive damages system,mainly from the analysis of punitive damages in the trademark law,apply to problem analysis,analysis of punitive damages applied conditions in the field of intellectual property rights,compensation amount,the burden of proof allocation,and the coordination of the administrative liability and criminal liability issues analysis,draw some superficial judgment.