Research On Intellectual Property Punitive Damages System In China

As a branch of civil law,intellectual property adopt the compensatory system.But in practice,some of the infringement can't be effectively compensated for the loss of the victim.Through the study of China's current intellectual property relief in this paper,the author analysis the punitive damages system and the foreign intellectual property punitive compensation system.At the same time,we discuss the establishment of applicable conditions,compensation standards and their reasonable restrictions on the punitive damages system in China.The first part of this paper is about the background,significance and the current situation of home and abroad of this topic.The second part is the abstract of intellectual property punitive compensation.Firstly,the concept,characteristics and nature of punitive compensation are cleared.Secondly,we analyze the origin,meaning and function of punitive damages of intellectual property rights.The third part is current situation,difficulty and current regulations of intellectual property punitive compensation.The forth part is about study on the extraterritorial law of the punitive damages system of intellectual property and to abstract useful points of punitive damages though the study of Anglo-American and Taiwan region law system.The fifth part of this paper is to display the theoretical basis,necessary and the different arguments in theory.The last part establish and perfect the system of punitive damages for intellectual property rights in China,clarify the applicable conditions of punitive liability for intellectual property rights and the amount of punitive damages and the reasonable limits of the system.