On The System Design Of Punitive Damages On Patent Infringement

The introduction of punitive damages system on patent infringement is of great significance to strengthen patent protection and promote innovation-driven development strategy in china.From the perspective of functionalism,the theoretical advantages and disadvantages of a legal system is not the focus but the degree to which the system is compatible with the social development.Whether it can achieve the regulatory effect in a specific stage and play a guiding role in the development of society.The introduction of punitive damages in patent infringement system in China is an irresistible trend.The focus of the study is to discuss the correspondence between the design of system and the protection of patent in China,and how to make better use of the system in practice.Through the comparative research method and empirical research method,according to the practice of patent protection in China,I make my study on how to improve the legislation,how to improve the scientificity and rationality of system design,so as to reduce its operating resistance in judicial practice.I hope this introduction of the system can strengthen patent protection and escort the development of patent in China.I consider that the punitive damages of patent infringement is a system with the effect of sanctions,the applicable conditions and applicable principles should be strictly stipulated in legislation.When the patent owner asks for punitive damage,the infringer has malicious infringement and has caused actual loss,the court ought to support.The calculation of the amount of damage is the difficulty of punitive system.I consider that the law should be on the basis of the actual situation of patent protection in China.First,it shall stipulate the actual loss of patent owner,the profit of infringement,the reasonable multiple of patent licensing fee and the Statutory compensation as the calculation base.Second,it shall stipulate the circumstances and the scale of infringement,the consequences of damage and the performance of litigation as the basis for determining multiples,the economic strength of the infringer should be considered in special cases.I suggest that the patent law should be adjusted accordingly,the punitive damages system can be refined in the form of judicial interpretation in subsequent legislation.At the same time,we can build up the Discovery of Evidence System in the field of patent infringement litigation to deal with the critical problem of hard proof,so as to reduce difficulty of using punitive damages system in practice.