On The Constitution And Cognizance Of The Liability Of Punitive Damages For Trademark Infringement

From the beginning of the punitive compensation system into China in 1993 in the legislation,the system have a significant impact on the market economy and the judicial system of our country,and after twenty years of China's punitive damages into intellectual property in the trademark infringement damage compensation legislation,which means the punitive damages system in China from the tort compensation for tangible property extends to intellectual tort relief.However,this field is just across the current situation at the system level,the current judicial practice in China,no punitive damages compensation clause in trademark tort cases in the case,and the reason is the key and constitute trademark infringement punitive damages of breach to clear and clearly defined,so in the application of relatively conservative.Based on this,this paper is divided into four chapters to further explore the system of punitive damages of trademark infringement in china.The first chapter generally understand China's trademark infringement punitive damages in the current dilemma,especially in foreign related cases of the common law countries,the relevant provisions and is being revised with the current "patent law" and"copyright law" in comparison,explore the parties for reference.The second chapter focuses on the current trademark infringement punitive damages constitute malicious and serious judgment standards and methods,which can determine what kind of situation in the practice of trademark infringement cases can apply to punitive compensation.The third chapter mainly discusses the specific content of the three kinds of damages of the trademark infringement indemnity under the mode of calculation,the legislative intent of modification,as far as possible the calculation method and compensation on the basis of comparative clear and reasonable,to avoid the application of the compensation method like read hastily and without thinking,to further promote the rationality of the compensation.The fourth chapter from the mode selection of punitive damages and compensation for the maximum and minimum limits and further study,especially in response to the current amount of compensation is generally not high problem needs to be perfected in legislation and judicature.In the end,the author gives a detailed account of the writing ideas,views and conclusions of the thesis,and further discusses the views and contents.