Research On Punitive Compensation System For Patent Infringement

The phenomenon of patent infringement has become more serious.The effect of patent protection is far from the expectation of patent holders.The current situation of insufficient relief of patent damage compensation system is more prominent.In order to solve the practical problems of patent rights protection,high cost and low compensation,it is a feasible path to construct a punitive damages system in the patent field.In the field of intellectual property,although China's Trademark Law took the lead in introducing a punitive damages system,the implementation effect was not satisfactory.In order to avoid repeating the same mistakes,the legislation of punitive damages for patent infringement in China needs to be "fundamentally rectify".This article refers to the experience of punitive damages legislation at domestic and abroad to learn the experience and enlightenment brought by the Halo case,and take the fourth revision of the Patent Law as an opportunity.The applicable conditions and calculation of the punitive damages system were discussed.Attempts were made to optimize and improve the relevant provisions of the 2019 Patent Law Amendment(hereinafter referred to as the "Draft")involving the optimizing the punitive damages system to ensure that the punitive damages system can be compatible with China's judicial practice,effectively improving the effectiveness of patent protection in China so that all patent activities can be proceed smoothly.This article is divided into five parts.The first part is the introduction,which clarifies the significance of this paper.It analyzes the innovation and deficiencies of this paper.In the form of literature review,it illustrates the attitudes and reasons hold by different scholars on the introduction of patent punitive damages system,and based on a brief analysis of it,puts forward the viewpoint of the article.The second part summarizes the relevant theories of punitive damages,explores the advantages of punitive damages system,removes the systematic obstacles to the application of punitive damages,and provides theoretical support for its introduction into the patent law.The second part also emphasis the necessity of the introduction of punitive damages system from the aspects of the particularity of patent infringement,the status quo of patent infringement compensation system and the status quo of the judiciary.The third part introduces the legislative experience of the punitive damages system for patent infringement in developed countries and Chinese Taiwan,as well as the applicable experience of the system in other legal fields in the mainland,and finds the focus of attention:the applicable requirements,considerations,and calculation basis of punitive damages.That provides ideas for building a patent infringement punitive damages system in China.The fourth part takes the Halo case as an example to compare the changes in the applicable standards of the punitive damages system in the United States after the case,and to deeply consider the reasons for the changes,analyze the advantages and disadvantages,and provide reference for the judicial practice of the patent punitive damages system in China.The fifth part is to construct a punitive damages system for patent infringement in China.In this part,it comments the revised Article 72 of the 2019 amendment of the Patent Law from the following aspects:the subjective knowledge of patent infringement,punitive damages and statutory compensation.Finally,it summarized the experience of the previous article and proposed legislative suggestions concerning a punitive damages system for patent infringement.