Research On The Construction Of Punitive Damages System Of Infringement Of Intellectual Property

China is a civil law country.Compensation in the civil law field is mainly based on the principle of filling.However,with the development of economy,purely complementary compensation can no longer meet the requirements of intellectual property protection.Intellectual property is not the same as property rights in civil law.It is an intangible property.This means that the protection of intellectual property rights cannot be exactly the same as the protection of property rights in civil law.Punitive damages are more appropriate for the protection of intellectual property rights.Punitive damages can inflict a certain degree of punishment on the infringer,ensuring that the victim can safeguard his legal rights when his rights are damaged.In case of high fines,the infringer will curb his own infringement so as to achieve the purpose of protecting intellectual property rights.China's newly revised "Trademark Law" added provisions on punitive damages,which means that China has begun to introduce punitive damages in the field of intellectual property.However,how to construct this system is still an urgent problem to be solved.The current punitive damages system has problems such as unclear application conditions and unreasonable ways to determine the amount of compensation.This article will build a relatively reasonable and complete punitive compensation system for intellectual property rights and provide reference for the protection of intellectual property in China.