On The System Of Punitive Damages For Intellectual Property Infringement

Through their own efforts to create intelligent results,and thus enjoy legal rights,this right is intellectual property.Today,knowledge has become an important factor in leading economic development,and the essence is to be able to turn this important factor into assets,into wealth.And with the benefit of intellectual property rights itself,nature will attract a large number of tort,although the current holder of the system to be able to play a protective effect,but with the probability of infringement of intellectual property rights is more and more high,one of the growing problems surfaced,the mainest is on compensation issues.In terms of legislation,the imperfect compensation for intellectual property infringement damages,the difficulty in proving and identifying the infringement itself,and other problems make it impossible for the judicial organs to judge compensation legally and reasonably,which will lead to the right holders not getting enough compensation,which will not only discourage the enthusiasm of safeguarding rights,but also discourage the enthusiasm of creation.A perfect punitive compensation system for intellectual property infringement can achieve good legal and social effects and play a positive role in the maturity of the legal system and the development of the society.Therefore,it is of great significance to systematically study the punitive compensation system for intellectual property infringement.This article is divided into five parts,the core is focused on the fifth part expounds the category of intellectual property rights(hereinafter referred to as the knowledge production),the application of punitive damages system,are faced with the problem in the judicial practice,and perfect and some corresponding application of punitive damages system of intellectual property infringement(hereinafter referred to as the penal system).The first part expounds the basic theory of intellectual property punitive system,including its concept,development process and characteristics.The second part analyzes the nature and function of the punitive system of intellectual property.Based on the general system of punitive damages for civil tort,it investigates how to better carry out the tort compensation in the intellectual property field.Only by correctly defining the legal system and understanding its function can we view it more scientifically and rationally and study it in a targeted way.The third part examines the legitimacy of the punitive system of intellectual property.The existence of legitimacy of the legal system will make it meaningful to improve it.This part from the aspects of law philosophy,law and economics in the justification of the system of the two aspects,from two dimensions,theoretical and practical aspects,a dimension for the theory,whether the moral philosophy and so on various aspects of the argument and finally established repeatedly,another dimension in practice,whether to get social common recognition and respect to verify the legitimacy of the system.The fourth part discusses the indispensability and practicality of the punitive system of intellectual property.To study the indispensability of the punitive system of intellectual property is to confirm whether it can play a positive role in promoting the development of all aspects of society.The practical analysis of the punitive system of intellectual property is to know whether it can adapt to the national conditions and development.By analyzing the importance of intellectual property,the severity of intellectual property infringement and the advantage of using the system to solve problems,the indispensability of the system is verified.By discussing that the theoretical framework of the system has been established and the basic experience of the system has been accumulated,the practicality of the system is verified.The fifth part discusses the perfection of punitive compensation system for intellectual property infringement.This part discusses the application conditions,scope of application,the order of the recognition criteria,and the determination criteria of the base and multiple of the amount of compensation,so as to put forward reasonable Suggestions for improving the system of punitive compensation for intellectual property infringement.The innovation of this paper is as follows: firstly,the discussion on the determination order of the amount of compensation.Change the complete order of priority,and make the actual loss,infringement benefit and license fee independent and equal,and apply the legal compensation when the first three cannot be identified.In other words,it can be divided into two sequences: the first sequence: actual loss,tort benefit and license fee(the plaintiff can provide evidence in one of the three),and the second sequence: legal compensation.Secondly,infringement of intellectual property rights system of punitive damages in the base standard,in the conventional by the offender's actual loss,the offender's income and licensing fees,no way could the three criteria are determined,and according to the evidence to infer that the amount of damages is beyond the law on the legal compensation limit,and is the offender has to proof,the people's court interpretation,require the offender to provide in the hands of its real accounts such as materials,and the offender refuses to or providing false materials,meet after all the above premise,reasonable legal compensation may be the people's court,As the base of punitive compensation system for intellectual property infringement.Thirdly,in addition to the subjective intention,the harm caused by gross negligence can also be included in the scope of the punitive compensation system for intellectual property rights infringement,but it should be limited to the case when the injurer more than twice carries out the harm.