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Research On The Application Of Punitive Damages System In Trademark Infringement

Posted on:2018-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiFull Text:PDF
GTID:2346330536478489Subject:legal
Abstract/Summary:PDF Full Text Request
With the promulgation of Article 63,the new Trademark Law in 2013,it marked the formal establishment of the punitive damages system in the field of trademark law.The introduction of this provision has significantly improved the crackdown on malicious trademark infringements,reflected the determination of legislators to crack down on trademark infringement and played a positive role in protecting the legitimate rights of trademark owners.However,there are still some problems existing in the application of punitive damages system in field of trademark law such as fuzzy application conditions,difficulty in determining the amount of punitive damages and others.This paper is divided into three parts in addition to introduction and conclusion.In the first part,the author gives a detailed introduction of the legislation and judicial status quo of punitive damages for trademark infringement in China,and explores the difficulty in applications of punitive damages system for trademark infringement through a statistics and analysis of judicial status quo.In the meantime,given the dilemma of applications of punitive damages in China,the author analyzes the relevant systems of the United States,the United Kingdom and Taiwan and therefore sums up inspiration for the improvement of China's punitive damages.In the second part,based on the General Principles of Civil Law,Tort Liability Law and three major intellectual property laws,the author analyzes the nature of "malicious" and "serious case" as provided in the Trademark Law through case analysis and empirical analysis and put forwards suggestions on the determination of the relevant criteria.In the third part,the author mainly introduces related problems existing in the measure of punitive damages for trademark infringement.In this part,the author focuses on the analysis and demonstration of the diploid relationship between the base of the punitive damages for trademark infringement and other punitive damages,then expounds the difference and connection between punitive damages and other damages and finally proposes relevant recommendations for improvement.
Keywords/Search Tags:Trademark Infringement, Infringement Damage, Malicious infringement, Compensation Law Application
PDF Full Text Request
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