On The Punitive Compensation System For Intellectual Property Infringement In China

The punitive damages system has been introduced in the field of Civil Tort Liability Law in our country, and its effect is also positive. In the field of intellectual property rights in our country, only the current “trademark law” makes rules in this regard, which are made roughly,and there are also some problems in the judicial application.However, according to the characteristic which is easy to infringe the rights but difficult to defend of the intellectual property,that the intellectual property rights can not overcome,the introduction of the punitive damages system in this area has the profound meaning of legislation. In addition, according to the current trademark law in the regulation of punitive damages system which is roughly set and the most difficult problems of judicial application,the author has his own opinions, in order to provide reasonable suggestions for the effective application system.This article first embarks from the case, and provides three representative cases in trademark right, copyright, and patent right respectively. The reason for choosing these three areas is that they are the three pillars of intellectual property industry. From these three cases,the reflections of the system of punitive damages in intellectual property is introduced, and thus the present situation of the system of punitive damages in our country is also introduced.The current status mainly refers to the field of intellectual property rights of "Copyright Law" and "Patent Law" which has not been introduced into the system of punitive damages, while introducing the current situation, a series of problems has also been stated. The author thinks that only the current trademark law has set the rules of punitive damages which is not only a current status but also the problems.Why the punitive damages system is only partly introduced in the field of intellectual property rights in China ?The author believes that the view of the opposition is a major expression of the problem.Then the third chapter is the analysis of the system of punitive damages in the field of intellectual property rights including situation and the existing problems in our country.Reasons are mainly from the existing root of the objection and their own characteristics which the intellectual property is hard to overcome.Finally, The author summarizes from two aspects, the legislative proposals and the guarantee of punitive damages system on judicial application. And the improving the system of punitive damages is a better application of thissystem. Therefore, the author thinks that putting forward good guarantees for this system of judicial application is also an essential part of improving the system of punitive damages.