Intentional Determination In Punitive Compensation For Patent Infringement

With the rapid development of China's economy and the gradual implementation of intellectual property strategies,the value of patents has gradually increased in economic development.However,China's protection of patents is not optimistic at present.Infringement and obtaining huge illegal benefits.By analyzing the current status of patent protection in China,it can be found that the infringer considers that the amount of statutory compensation is low,and the income he obtains through infringement is far higher than the amount of compensation,resulting in frequent patent infringement cases.At present,China's trial of infringement cases in the patent field is mainly based on statutory compensation.Under the statutory compensation rules,the infringer only needs to make up for the actual losses suffered by the patentee due to his actions.But the most difficult problem in the trial of patent infringement cases is how to determine the actual loss of the patentee.The object of the patent right is immaterial,and the value of the patent is not only reflected in the patented products,but also the added value of the reputation of the patent and enterprise.Based on the special rights attributes of patent rights,it is difficult for most patentees to prove the specific amount of their losses.The patentee's burden of infringement lawsuit is too heavy,and it is difficult to protect his legal rights.Due to the characteristics of long investment time,large financial cost and slow technology conversion,small and medium-sized innovative enterprises will even abandon their investment in patent and turn to the infringing market,these companies find that the benefits of infringement outweigh the compensation they pay,they will abandon the research and development of new products and go on the road to infringement,resulting in a chaotic patent market.Punitive damages are more severe than compensatory damages.The introduction of punitive damages in the patent field can solve the above problems.Punitive damages were first applied to the field of tort liability law in China.In the field of intellectual property rights,the system was first introduced into the trademark law in China,which provides rich experience for the application of this rule in the future patent law.Intentional patent infringement is far more subjective and negligent thannegligent infringement,but sometimes the two acts are confused.Some good faith infringements and even negligent infringements are considered to be intentional infringements.At present,the punitive compensation system is mainly prevalent in the countries of common law,but the countries of civil law are not in favor of introducing the system because they follow the traditional "filling principle".As far as China's current legislation is concerned,punitive damages have been introduced into the legislation and the application effect is very good.With the further development of the economy,the phenomenon of patent infringement has become more rampant,so the call for introducing the system in the field of patents is getting higher and higher.Experts and scholars believe that the introduction of the system is conducive to curbing the frequent infringement.Punitive damages are subjective elements of "intentional infringer",how to determine the subjective intentional intention of the infringer through the tort of the infringer is the core that needs to be solved in the subsequent introduction of the system.Subjective mentality needs to be determined with the help of objective behavior.Therefore,it is necessary to specifically analyze which acts of the infringer are intentional,and how to determine the intention,and what are the criteria for intentional identification.These are the key issues for applying the system.How to determine the "intentional" criteria? In view of the fact that punitive damages for patent infringement in China have not been formally incorporated into relevant legislation,from a domestic perspective,by analyzing the application of punitive damages rules in sectoral law;extraterritorial experience draws on the U.S.punitive damages system to discuss how China applies this law in the field of patents.system.What are the key factors in determining "intentional" ? The subjective requirements for the application of the system in the draft amendments to the Patent Law are intentional,but they do not specify the specific issues of intentional determination and how the system applies in China.The system can be better applied by developing relevant applicable rules and guidance.