Research On Punitive Compensation System For Patent Infringement

Deliberate infringement of patent rights often manifests as subjective viciousness of the infringer,and the infringement has serious circumstances,and the result of the infringement damage is more serious.It is widely believed that deliberate infringement of patent rights is more blameless than the general infringement of patent rights.In this regard,the Anglo-American legal system countries punish the intentional infringers through the patent infringement punitive damages system,and the civil law countries have always been repulsive because they follow the “filling principle”.However,in recent years,civil law countries have found that relying solely on compensatory compensation cannot effectively regulate intentional infringement of patent rights,and gradually adopts the system and adopts an open attitude.At present,China's remedy for patent infringement is weak,and the application of compensatory liability is insufficient to effectively deter patent infringers and curb the current intentional infringement.Therefore,the academic circles have introduced the discussion on introducing the punitive damages system for patent infringement in China.This paper believes that the patent infringement punitive damages system has a legitimate basis;based on the inherently weak property requirements of patent protection,based on China's current lack of legislation on patent infringement and the need to curb the frequent occurrence of patent infringement,China introduced The punitive damages for patent infringement are necessary;and in the strong support of the Chinese government in policy,the academic research support of the theoretical results of the academic circles,the punitive damages clause has been clarified in the relevant departmental laws of our country,which has made the introduction of the system in China.The application of the system should be based on the principle of “applicable exceptions”.The application of infringement damages is still based on compensatory compensation.Punitive damages are applied only when conditions such as intentional infringement are met to prevent flooding;and punishment The determination of the amount of sexual compensation shall take into account the value of patent value and follow the principle of rationality.In addition,the application of judicial practice should satisfy the following three conditions: presuppose the subjective intention of the infringer,take the seriousness of the infringement and the severity of the infringement as the consideration,and use the plaintiff to make a request to the court.Essentials.When applying the system,the court should adhere to the principle of “unification of subjective and objective”,judge the subjective state of the infringer,and judge whether the objective conditions meet the standard.After determining the application of punitive damages to the infringer,when the court determines the base and multiple of the punitive damages,the determination of the base shall exclude the statutory compensation method,the loss suffered by the patentee,the infringer's benefit from the infringement,and the patent.The reasonable multiple of the license fee is used to determine the compensation base,and the reasonable cost of the patentee's rights protection expenditure is excluded from the calculation of the base;and the determination of the multiple size should consider four factors: the subjective fault degree of the infringer,the infringement and the damage result,The type and value of the patent right,the insurer's ability to withstand,and comprehensive evaluation to determine the multiple.Finally,when the system is applied,it should also deal with coordination and restrictions on administrative liability and criminal liability infringement.