Research On Feasibility Of Punitive Damages In Trademark Infringement

On August 30,2013,the Trademark Law of the People's Republic of China,mended for the third time,was adopted.On May 1,2015,it came into force,in which Article No.63 has introduced the system of punitive damages for the initial time in the field of intellectual property rights protection,enhancing great significance to strengthen the protection of the registered trademark.In the continental law system,the system of punitive damages has been rejected from the private law for its blurring status in between.But as time went on,the situation changed.The system of punitive damages begin to gain its status since the appearance of the Lawofthe People's Republicof Chinaonthe Protectionof Consumer Rghtsandinterests.iThough it is,the system of the punitive damages is comparatively simple in the Trademark Law of the People's Republic of China,and there is no instruction announced for its entry into force after one year's practice,therefore,many judiciary refuse to apply it.Thus comes the urgent problem to be solved of how to apply it after the introduction of the system.This composition is divided into four parts.Firstly,I would introduce the definition of the system of punitive damages,its function,and the conditions for its enforcement,along with the provisions related in the law system of China;secondly,shed in the problem existed for long,and explain the questions and their reasons in the judicature practice after china's introduction of the system;thirdly,introduce the trade law of England,America,Taiwan,and other regions or countries and analysis the related cases,the conditions for enforcement and the standard of the compensation within the system of punitive damages;last and foremost,the fourth part will construe Article No.63 of the Trademark Law of the People's Republic of China in details,considering about the efforts acquired to explain some of the vital words during the law practice.