Study On The Judicial Application Of Punitive Compensation For Trademark Infringement In China

China began to implement the punitive compensation system for trademark infringement on May 1,2014.This is the first time that China’s "Trademark Law" has introduced punitive compensation clauses.This article faces many problems in the judicial practice and the application of the law.Through this article,we discuss the main problems in implementing the system and propose solutions.By comparing the domestic and foreign punitive damages systems,combining judicial practice cases with legal analysis,etc.,we study and discuss the application of this system in the field of trademark rights.The typical case of the punitive damages system of trademark infringement in China in recent years has been selected.It describes the basic case,the verdicts,and the focus of the dispute.The current status and problems of applying the system to the application of laws are elicited.The status and problems of punitive damages to trademark infringement in judicial practice are discussed.The status includes the status of legislation and the status of justice.The main issues include:the applicable conditions and scope of punitive compensation cases for trademark infringement are not clear,the calculation of penalties is arbitrary,and the trademark infringed The right holders have three difficulties in making evidence.Solve the problems faced by the punitive damages in trademark infringement in the application of justice,determine the scope and conditions for the application of punitive damages,that is,the"malicious" judgment criteria and the "plot" in Article 63 of the "Trademark Law"."Serious"criteria for judgment;perfecting the calculation of the punitive damages base and multiples of trademark infringement.This part mainly elaborates on the calculation of the final amount of punitive damages,including the determination of the standard for the calculation of the amount and the analysis of reference factors,in combination with other The relevant legal provisions and practices in the legal countries and regions make clear the intractability of 63 in China’ s new "Trademark Law," and consider relevant factors in order to determine a relatively stable Calculation model to achieve the purpose of curbing the illegal infringement of the infringer and safeguarding the legitimate rights and interests of the trademark right holder;safeguarding the rights of the right holder of a punitive compensation case for trademark infringement,including the improvement of the evidence provisions for trademark infringement and the standard of proof of the trademark owner.