Judicial Application Of Infringement Of Intellectual Property Punitive Damages

The newly revised "Trademark Law" and the "Patent Law" and the "Copyright Law",which is being revised,introduce the punitive damages system of intellectual property rights,which has aroused widespread concern in the academic and legislative departments.The liability of intellectual property punitive damages is the Increased liability compared with compensatory liability,mainly for the current judicial practice of that intellectual property infringement compensation is not the status of the overall compensation is not high.This paper takes the comparative research method and the empirical analysis method,starting from the basic theory of punitive damages,based on the violation of the judicial status quo of intellectual property damages,analysis of intellectual property punitive damages system adopted by the economic basis and legal basis.Draw lessons from the experience of relevant foreign judicial practice,analyze the applicable conditions and the amount of compensation for the liability of intellectual property rights under the "Trademark Law",the "Copyright Law(Draft)" and the "Patent Law(Draft)" And put forward the proposal of establishing and perfecting the system of punitive damages for intellectual property rights under the present situation of our country.