Study On Application Of Liability For Punitive Damages Of Invention Patent Infringement From The Perspective Of Law And Economics

Since the 21 st century,with the development of science and technology.Society has increased the protection of patent rights.The number of applications for invention patents has kept growing.The number of patent infringement inventions is serious,and the number of infringement disputes has been growing rapidly.IIn order to curb the deliberate infringement of invention patents,so that the owner of the right to obtain full compensation,Revised Draft of Patent Law of the People's Republic of China(Draft for Examination)increases liability for punitive damages of willful infringement.The establishment of punitive damages for patent helps to increase the illegal infringement costs,effectively curb infringement and strengthen the protection of right holders.Although the state has made significant achievements in punishing patent infringement and curbing patent infringement by increasing penalties for patent infringement,China also provided for punitive damages in Article 65 of the Draft Patent Law Reform.However,punitive damages for patents are only stipulated in the draft amendment,and the existing law does not provide for the system.Secondly,the provisions on the judicial application of the punitive damages system are too general and the specific conditions of judicial application are not stipulated,which will make it difficult to implement the system in judicial practice and achieve the purpose of legislation.The stipulation of the multiple recognition problems is too vague,the court in the judgment of the multiple determination of the standard is not uniform,multiples of the factors of influence factors set is not set,the court's discretion is too large.The existence of these problems hinders the concrete application of the system of punitive damages for invention patent infringement in our country,the infringement of the compensation amount is too low,the compensation of the obligee can not be effectively compensated,and the infringement of invention patent infringement frequently.In order to solve the problems mentioned above,this paper gives some suggestions on the judicial application of the punitive damages system of patentinfringement by drawing lessons from the experience of American invention patent infringement compensation system and China's national conditions:Firstly,the object,scope and conditions of the judicial application of the punitive damages system are stipulated,and the legal system of punitive damages is perfected.First of all,the object of application is defined as the actor who intentionally infringes on the rights of the behave,and at the same time explains the intentionally infringes who is exempt from the punitive damages.Second,the scope of application is limited to the willful infringement of the same infringement,including indirect intentional infringement.Finally,the applicable conditions are stipulated both subjectively and objectively.The subjective aspect is mainly about the subjective deliberate determination,and the objective aspect is mainly the determination of seriously damaging the facts.Secondly,the calculation of the compensation amount and the determination of the compensation multiple build an economic model an economic model,it is constructed to simplify the calculation of the amount of compensation and provide a feasible calculation method for the judicial application of the punitive compensation system so as to solve the difficult problem of calculating the amount of compensation.