Study On The Punitive Damages Under The System Of Intellectual Property Rights

The punitive compensation system of intellectual property rights is an important system to strengthen the protection of intellectual property rights,punish and curb the infringement of intellectual property rights,and its role is to compensate for the deficiency of compensatory compensation system.Although the system is mainly adopted by the Anglo-American law countries,the system has had a great influence on the legislation of intellectual property rights in the civil law countries.In the field of intellectual protection,we have gained more understanding and understanding of the compensation for intellectual property damage,and gradually discovered the role of punitive compensation system.In our current intellectual property rights protection law,in addition to the trademark law has stipulated the punitive damages,basically implements "compensatory damages",in the actual application is not very good to protect the legitimate rights and interests of the patentee,has certain gap.Therefore,the introduction of punitive compensation system in the field of intellectual property is of profound legislative significance,especially in China's intellectual property development.However,there are still debates on the punitive damages system of intellectual property rights in the theoretical and practical circles of our country.This paper mainly from the beginning of the punitive damages system introduces its meaning,nature and function,and then discusses some problems in the current system of punitive damages,and then on China's domestic demand,system design,system design of local practice and some suggestions.