Research On The Introduction Of The System Of Punitive Damages For Copyright Infringement

Copyright belongs to the category of private rights and constitutes intellectual property rights together with patent and trademark rights.There is a close connection between copyright and modern advanced technology means.The innovation of technology often causes the expansion of copyright rights,especially the speed of intellectual achievement transformation in the era of knowledge economy,the value of copyright is increasing,and the process of copyright protection globalization is deepening.The current "copyright law of People's Republic of China"(hereinafter referred to as "copyright law")adopts compensatory compensation system to solve the problem of damages for copyright infringement damage.Its end is gradually exposed,and the general compensation level of copyright infringement cases is low in judicial practice,and the effect of alleviating the right infringement of copyright is not good.In order to adapt to the international situation and promote the development of copyright in China,the voice of strengthening copyright protection is getting higher and higher.The author pays attention to the special effect of punitive compensation system and compensatory compensation system,which has the function of punishment and deterrence.The penalty function can be realized by asking the infringer to pay extra compensation,and it can improve the low level of compensation for copyright infringement cases,and the deterrent function prevents similar infringement cases.The preventive effect of birth helps to alleviate the phenomenon of copyright infringement.Therefore,the punitive compensation system is introduced to make up for the insufficiency of the compensatory compensation system,and combined with the status of legislation and judicature in China,the paper analyzes and demonstrates the system of copyright punitive damages which can match the national conditions of our country.This article is divided into five parts: the first part analyses the current situation of the copyright tort liability system in China and the main difficulties faced in the judicial practice,and reveals the main problems of the existence of the line system.The second part introduces the path of punitive damages,introduces the concept and function of punitive damages,analyzes the possibility of Introducing Punitive Damages in China's copyright law and the effect expectation of punitive compensation system.The third part,through listing the advanced copyright legislation mode at home and abroad,comparatively analyzes the punitive damages system under different modes.At the same time,we pay close attention to the system design of the People's Republic of China Patent Law(Draft Amendment)(hereinafter referred to as "the Patent Law(Draft)")and the People's Republic of China Trademark Law(hereinafter referred to as "the Trademark Law")on the system of punitive damages,providing a reference for the construction of the system for the introduction of punitive damages by copyright law.And reference.The fourth part,referring to the general constitutive requirements of the tort,studies the system design for the application of punitive damages for copyright infringement,and proposes the proposal of the "copyright law of the People's Republic of China"(hereinafter referred to as "the copyright law(Revised Draft for review)").The fifth part,combining the provisions of the copyright law(the revised draft to review the draft),analyzes the improved scheme of other related systems,and analyzes the relationship between the punitive compensation system and other related systems in the application process.Finally,it compares the system design of punitive damages in the legal system of intellectual property rights,and analyzes the unified standard of punitive damages in the legal system of intellectual property.