Research On Punitive Damages System For Infringement Of Intellectual Property

The punitive damages system originated from common law countries at first,only applied to the responsibility of product infringement at the beginning,and then applied the system to the field of intellectual property,achieving good results.Also have a huge impact on Civil law countries.The earliest introduction of punitive damages system in China is in the field of food safety and product liability.After years of practice,this system has played an important role in consumer protection.This year,with the development of intellectual property in our country,the number of infringement cases of intellectual property has risen.However,the right holders seldom get all the relief from the liability for damages.The amount of compensation can hardly even cover the cost of safeguarding their rights.Therefore,On the occasion,there have been calls for the introduction of punitive damages in the field of intellectual property in our country.Since the introduction of the punitive damages system in the new Trademark Law in 2014,China has for the first time established a system of punitive damages in the field of intellectual property.Subsequently,this system was also introduced in the draft amendments to the Patent Law and the Copyright Law.It can be seen from our legislation Affirmed the introduction of the system in the field of intellectual property situation.This article mainly argues from the justification of the punitive damages system of intellectual property infringement in our country,and proves that this system should be introduced in the field of intellectual property in China.This article analyzes the specific provisions of the main content such as the applicable conditions,compensation base and compensation multiple of intellectual property punitive damages system.Through the investigation of the punitive damages system of foreign countries,especially the powerful countries with intellectual property and the U.S.property rights,Put forward suggestions on the flaws existing in the application of the punitive damages system since the implementation of the Trademark Law,and hope to improve the provisions of the punitive damages system in the field of intellectual property.