Research On The Punitive Damages System For Intellectual Property Infringement

The system of punitive damages of infringement of intellectual property rights is an important system to strengthen the protection of intellectual property rights,punishing and preventing infringement of intellectual property rights.Although the system is mainly adopted by countries of Anglo American law system,but the system of civil law countries intellectual property legislation and justice had a significant impact.At present,the punitive damages system of intellectual property rights has been the wide attention and Discussion on the theory and practice in China,and was written into the draft amendment to the patent law,trademark law and copyright law.However,the current theory and practice of intellectual property punitive compensation system still can not fully meet the requirements for the judicial practice.This paper attempts to study the property function and the legitimacy foundation of the punitive damages system of intellectual property,and puts forward some constructive suggestions and suggestions on the system design and judicial application of punitive damages of intellectual property in China.Methods,through comparative analysis of the punitive damages system of intellectual property rights infringement in the United States,the United Kingdom,Germany,China's mainland and Taiwan area of the application of the law.Get different legal system countries and different regions of punitive damages,especially intellectual property rights infringement of punitive damages applicable characteristics,summed up the basic scope of application and conditions.Finally,the academic value and practical significance are expounded.This paper is divided into five parts.From the logic of this paper,first of all,the article has a certain understanding of the basic theory of punitive damages for intellectual property rights infringement.The system of punitive damages has been applied for a long time in the common law system,especially in the United States.The history and the establishment of a complete system.Through the research on the concept of punitive damages,can draw the basic meaning of intellectual property infringement punitive damages,and then analyzes the relationship and difference between the punitive compensation system and the traditional system of compensatory damages,a more intuitive understanding of the basic meaning.Secondly,the purpose and function of punitive compensation system of analysis on the necessity and feasibility analysis of intellectual property infringement to introduce the punitive compensation system,the most urgent need is why in the infringement of intellectual property can apply the punitive damages system,rather than actively in other areas of application,and then according to the characteristics of intellectual property rights This paper tries to compare the shortcomings of our country in the process of application and point out the direction for further improvement of the system of punitive damages for intellectual property rights infringement.