Reseach On Punitive Damages Systems In Copyright Law

Nowadays,at the background of the economic globalization,the world economy is on the rapid rise.Knowledge provides an important support for it.So the intellectual property rights is widely valued.Over the past few years,there have been a large number of cases of infringement of intellectual property rights in our country,which not only results in infringement of the copyright owers' rights,but also hits the enthusiasm of investors to invest in the knowledge industries.At the present,we adopt the traditional compensatory principle to prevent the copyright infringement damages.Compensatory compensation is a method to relief to the victim after the damages occur.Due to its post-event nature,it has a weak impact on the infringement of copyright.For the infringer,the infringement cost is too low and the punishment is not enough.So the protection effect on copyright is not significant.In contrast,punitive damages is a pre-emptive prevention of copyright infringement,which can attack copyright infringement from the root and reduce the occurrence of infringement.Combined with compensatory compensation,we can form a comprehensive and systematic protection for copyright,further improving the independent innovation level of knowledge research and enhancing the competitiveness of the country.Copyright is a special right.When ti is infringed,it is often characterized by easy operation,low cost and high frequency of infringement.Therefore,it is necessary to introduce punitive compensation mechanism into the field of copyright protection.At the same time,we must be cautious when it is applied,strictly limiting the applicable conditions and calculation methods.In this article there are four parts as follow:Part one refers to the analysis of the compensation for infringement of copyright in our country at the present stage.Firstly,it elaborates the current legislative situation and judicial practice of compensation for infringement of copyright,concluding that compensatory compensation cannot adapt to the current situation.Then,it introduces the concept,nature and historical development of punitive damages so that we can have a general understanding of punitive damages.The second part is to demonstrate the rationality of punitive damages system in copyright.At first,this part demonstrates the legitimacy of punitive damages in the field of copyright from the aspects of function,law and economics and justice.Then,this part is to demonstrate the necessity of the system.This part sorts out the uniqueness of copyright infringement,the target direction of China's current economic development,the property rights protection and disputes related to copyright,and the defects of the current copyright compensation system to illustrate the necessity of the punitive compensation system for copyright protection.At last,I indicate it from the legislative experience of punitive damages in our country and the successful experience abroad.The third part explains the legislative status and practical operation of the punitive damages system in the copyright field in Britain,the United States and Taiwan.We can make a reference to establish a punitive damages system for copyright infringement.The forth part puts forward the author's relevant suggestions from three aspects:the applicable conditions of punitive damages for copyright infringement,how to determine the mount and the problems of evidence and procedure,combined with article 76 in the draft of the copyright law.