On The Establishment Of Punitive Compensation System For Patent Infringement In China

With the development of the country's social economy and the establishment of an innovative country,the vitality of the market's main innovations has been competing and the number of patents has increased.During this process,the number of patent infringement cases has greatly increased.Although China has continuously enhanced the protection of intellectual property rights and attached importance to the protection of patent rights,the current patent law compensatory compensation methods still cannot achieve the purpose of curbing infringement.Therefore,it is of great significance to introduce the punitive compensation system into patent law protection.At present,the latest draft of the "Amendment of the Patent Law" explicitly introduces the system in the "Patent Law".However,there are still many problems and lack of operability.In this article,the author analyzes the punitive damages system of foreign patent law and its own characteristics,discusses the necessity and feasibility of introducing the system in the infringement part of China's patent law,and finally,summarizes the process of constructing this system.Problems encountered and comments and suggestions based on these issues.This article is divided into five parts.The first part is the introduction.This section clarifies that the purpose and significance of the system of punitive damages for patent infringement is to improve the punitive damages system for patent infringement so as to raise the level of patent protection in the country and to deal with punitive damages and punitive damages for patent infringement.The analysis of the status quo at home and abroad shows that the difficulty of this article lies in the combination of punitive damages as an imported product and how it can be integrated with China's reality.In addition,overcoming the deficiencies in the current draft,it is also a major difficulty in the calculation of compensation methods and the subjective elements.In the course of the argumentation of this paper,the author adopts literature research methods,historical analysis and comparative research methods.The second part studies the basic situation of the punitive damages system of patent infringement,and clarifies that the system is a civil compensation system applicable to thecompensation in the field of patent law,which has the characteristics of quasi-penalty and economic law.The nature of civil law has the function of punishing,compensating,deterring,encouraging,and encouraging market transactions.The function of punishment and containment is the most fundamental function.This section analyzes the applicable conditions of punitive damages.In addition to the constituent elements of general infringement compensation,it must also have the basic conditions of subjective malice and leveling compensation in order to apply punitive damages.The relationship between compensation and compensatory damages is both distinct and inseparable.Punitive damages are based on compensatory damages.The third part analyzes the legislation and judicial practice of the punitive compensation system for patent infringement in foreign countries and Taiwan,because the punitive damages system in the United States is relatively complete and punitive damages are more mature.The study of the United States must inevitably penalize China's patent infringement.The design of the system of sexual compensation provides meaningful experience.For example,China can draw on the identification criteria of intentional infringement to improve the system.At the same time,the problems of the civil law system of Germany in legislation and judicial practice also provide inspiration for the introduction of the system in China.Taiwan's punitive damages for patent infringement have gone through a process of denial,affirmation,denial,and reaffirmation in legislation,and the tortuous process has demonstrated the higher appeal of the punitive damages system in Taiwan.The introduction of a punitive damages system in the field of patent infringement is a trend of the times.China should learn from foreign countries' beneficial legislative experience on the basis of combining national conditions.The fourth part analyzes and analyzes the legislative status of the current patent infringement compensation system,introduces the possible controversy over punitive damages in China in the current patent law,and refers to the particularities of patent rights and infringements,and clarifies that China's patent law introduces this system.The necessity of this,and explain the feasibility issue.By exploring the reality of the punitive damages legislation of the Chinese patent law and the application of patent infringement,we explore the development direction of the system in China.The fifth section proposes China's proposal to establish a punitive compensation system for patent infringement,and clarifies that the main application condition is that the infringer has subjective intention,the infringement caused damage to the patentee,and punitive damages should be based on the application of the infringed person.This section also clarifies and analyzes the base and multiples of compensation,and imposes appropriate restrictions on the application of punitive damages for patent infringement to prevent the arbitrary exercise of discretionary powers and malicious litigation.Finally,it analyzes the problems existing in the draft revision of the latest patent law,and points out that the tort liability law should clearly define the status of the punitive damages system.The draft should specify the criteria for the determination of intentional infringement in the punitive damages system,and promptly introduce supporting justice.Explain how to solve unclear issues in the application of the law.At the same time,the patent management authority should be recognized,and the punitive damages clause should be made mandatory.