Study On Punitive Compensation System Of Patent Infringement

Our country is now in the transitional period of rapid economic development,made in China in the transition towards China in all kinds of innovative technology,products in bulk,and the corresponding to this is in the process of patent violations phenomenon is also increasingly serious,number of patent infringement cases have boomed.In 2015 our country patent infringement disputes: passion Sogou input method,Baidu patent dispute claim amount record refresh our country patent litigation,the Internet giant for the market "cake" battle of increasingly fierce;National development and reform commission(NDRC)to qualcomm opened a huge fines,as a standard to the patentee to draw the "red line" of fair competition;2016 between apple and samsung slightly to make patent infringement dispute,Baidu still is a patent infringement dispute between Sogou downright,tit for tat,Huawei for high value involved in the communication technology patents to samsung filed a patent infringement lawsuit and so on eight big patent dispute cases made in the field of patent infringement in China war intensified.For better able to curb the infringement of the patent right,standardize the order of good science and technology innovation,maintenance of intellectual property development environment,many scholars,entrepreneurs and other social groups are proposed in the patent law in our country the introduction of punitive damages system.On April 1,2015,coincides with the 30 th anniversary of the patent law implementation in our country.State intellectual property bureau announced the "patent law modification draft(draft)",which added to the intentional tort punitive liability to pay compensation.Released on December 2,2016,the state council legislative affairs office of the draft amendment to the patent law of the People's Republic of China(draft submitted for approval)"(hereinafter referred to as draft submitted for approval)and its specification,solicit opinions from all walks of life.But how to apply the punitive compensation system in the patent infringement,how to determine the amount of punitive damages,the standard of "intentionally" patent infringement is what is still a research focus of many scholars and experts.This article through the comparative method,historical method,literature analysis method,analyzes the above problems,the concrete content includes the following several parts:The first part,introduction.Introduced the selected topic background and the significance of research,as well as the key difficulty.Mainly illustrate the research content of advancing with The Times and research value.Discussed in detail for below open play.The second part,the about overview of patent infringement punitive damages system.First of all is a clear definition of the concept of patent infringement punitive damages system.Then the nature of patent infringement punitive damages system,system of punitive damages in case of patent infringement in itself is difficult to solve legal times,have to seek host law as a guide.Second is formulated patent infringement punitive damages system has the function of the main includes sexual function,the punitive compensation and to curb sexual function,for firm foundation below the punitive compensation system by introducing with patent infringement.The third part,a patent infringement of punitive damages system research at home and abroad.Of examining the punitive compensation system both at home and abroad with patent infringement,it is concluded that both countries of Anglo-American law system and follow the "bridge" the compensatory principle of continental law system countries or in legislation and in practice the punitive compensation system have been introduced with patent infringement,and about the patent infringement the punitive compensation system in our country at present is still in vacant state,therefore,as discussed below international environment foundation to introduce the system in China.The fourth part,the introduce patent infringement in China the necessity and feasibility of punitive damages system.This part is the emphasis of the article,from the characteristics of patent infringement,the shortcomings of our current system of patent infringement,patent infringement the punitive compensation system and of the functions of the system in line with the international trend from four aspects to demonstrate the necessity of the system of punitive damages in our country has introduced with patent infringement.Then,through the introduction of patent infringement the punitive compensation system that accord with the legal basis,the theoretical circle in our country,recognition of the system and the simple applicable in the judicial practice in our country from three aspects,demonstrates the feasibility of introducing patent infringement punitive damages system in China.The fifth part,constructed of patent infringement the punitive compensation system of our country.This part is another focus of this paper,based on the patent infringement punitive damages the applicable condition,applicable scope,the determination of base of punitive compensation standard and the final punitive damages for patent infringement determination of several aspects the specific Suggestions of constructing of punitive damages system.