Research On The Punitive Damages For Trademark Infringement

As an intangible property right,trademark right is very vulnerable to infringement.However,in the past,the trademark law insisted on the rule of filling in,only to compensate the loss of the obligee.This is not enough to crack down on the increasingly serious trademark infringement.In 2013,the trademark law was amended and the punitive compensation system was introduced,reflecting the determination of the state to strengthen the protection of intellectual property,implement the strategy of intellectual property and fight against infringement.At the same time,it can also encourage the right holders to actively safeguard their rights and deter the infringers from infringing others’ trademark rights.This paper is problem oriented,using concept analysis,case analysis,comparative analysis.The full text is divided into three parts: introduction,body and conclusion.The main body is divided into four chapters.The first chapter is the applicable conditions of punitive damages for trademark infringement.In the six years since the implementation of the new trademark law,punitive damages are rarely applied in the field of trademark infringement,the first reason is that the application conditions are not clear.It is difficult to grasp "malice" and "serious circumstances".In this chapter,the concepts of "intention","abominability","gross negligence","serious circumstances" and "malice" are deeply analyzed.And through the retrieval of cases,the author enumerates the serious cases of trademark infringement.Chapter Ⅱ the amount of punitive damages for trademark infringement.This part mainly discusses two problems of "calculation base" and "compensation multiple".According to Article 63 of the trademark law,the amount of compensation shall first be determined according to the actual loss of the obligee;if the actual loss is difficult to be determined,it may be determined according to the interests of the infringer;if the loss of the obligee and the profits of the infringer are difficult to be determined,it shall be determined by referring to the multiple of the trademark licensing fee.Market economy is complex.In calculating the loss of the obligee,the profit gained by the infringer and the trademark license fee,we will encounter various complex problems,which will be discussed in detail in this chapter.This chapter also lists the typical cases in the judicial practice through case retrieval,and puts forward reasonable suggestions for the determination of compensation multiple.The third chapter is the typical characteristics of trademark infringement cases.In this chapter,we will explain the reasons for the difficulty of proof in trademark infringement.Chapter four is the ownership of punitive damages for trademark infringement.Since the introduction of punitive compensation system into trademark law,the attribution of compensation is a hot issue.Because punitive damages have the nature of public law,if all punitive damages belong to the obligee,it will make the obligee have the suspicion of unjust enrichment.However,if the compensation received by the obligee is too small,it will hit the enthusiasm of the obligee to safeguard rights.This chapter uses the experience of foreign legislation for reference,and puts forward some suggestions on the distribution proportion of punitive damages.