The Research On Punitive Damages Of Patent Infringement

As the serious patent infringement,the punitive damages system is strongly recommended to introduce to the Patent Law.Therefore,the punitive damages was written into the Patent Law(revised version).As the Chinese law system is much closer to the legal system of continental Europe than to the common law.Whether China should adopt the punitive damages system in the Patent Law and how is now extremely controversial.This paper is trying to answer these questions.This paper includes five chapters.Chapter one is trying to introduce the origin and the development of the punitive damages under the common law and the continental law,also include international treaties,aims to offer some references by comparative jurisprudence study.Chapter two is trying to discuss the necessity of establishing punitive damages from the perspectives of the changes of internal and external IPR environment,the legislation and the judicial practice of patent infringement.Chapter three is trying to discuss the feasibility of the establishment of the system of punitive damages from the perspective of the theory and the practice foundation.Chapter four is trying to study on the design of the system from perspectives of the subjective and objective aspects,and other aspects which may affect the damages calculation.Chapter five is the conclusion.