On The Punitive Damages For The Infringement Of Rights

With the development of economic society,the importance and value of copyright is increasing,copyright infringement behavior emerge in endlessly at the same time.In order to curb infringement phenomenon,improve copyright protection,National Copyright Administation starts the thrid revision of the CoryrightLaw.The key point of this action is to introduce the punitive damages.Compared with compensaroty compensation principle,punitive compensation focus on punishment.From our country actual situation,we urgently need to introduce punitive compensation system.Our legal system already have the relevant legislative mandates of punitive compensation,such as Consumer Protect Law,Trademark Law,PatentLaw.All the above had laid the foundation for the future introduction of punitive compensation system.This paper divided into five parts altogether except preface and epilogue.The first part is a general introduction to the definition and characters of punitive damages,and then analysis the academic viewpoint controversy about whether should apply to punitive compensation in intellectual property right infringement field,and present my opinion that should be applied to the punitive damage.The second part is show the current siuation of our country copyright infringement,from two aspects,current legislation and judicial state,summarized the existing problems and analyzed the reason.The third part is viewed from angle of economies,analysis the necessity and feasibility in copyright infringement apply to punitive compensation.The fourth part is the comparative study about the copyright puntive compensation of foreign countries and region,including the U.K,the U.S and Canada.By comparing and analysis,we have learn the lesson of advanced legilation and how to construct compensation system.The last part,there are some suggestions for the establishment of punitive damages in copyright law in China.Based on the third revision of copyright law,refer to the Trademark Law and Patent Law,to specific design a set of complete and reasonable punitive compensation system rules.