Research On Punitive Compensation System Of Patent Infringement

Patent infringement damage compensation system is the core of patent infringement relief.The basic principle of damage compensation is to compensate the actual loss of the right holder.Patent infringement cases have the characteristics of low cost,high income and difficulty in proving.At the same time,the system of punitive damages in China has the theoretical basis,the legislative basis,conforms to the principle of cost-effectiveness,has the ethical legitimacy,the introduction of punitive damages system into the field of patent infringement,can give full play to its effect of punishment,compensation,prevention,incentive.In terms of the applicable requirements of punitive damages,as long as the right holder can prove that the accused infringer knowingly allowed the result of the infringement to occur,the subjective requirements of punitive damages can be determined.Punitive damages can be imposed on the infringer under the circumstances of repeated infringement,group infringement,tort as an industry and actual loss.In the procedure,we should follow the principle of "no dismissal" and "who claims,who gives evidence".In the determination of the amount of compensation,it should be based on the actual loss or profit from tort,according to the nature and circumstances of the tort,choose the multiple range from one to five times,and then multiply the multiple of compensation and the base to get the amount of punitive damages.In the process of constructing the system of punitive damages for patent infringement in China,we should consider to solve the problem of proof by improving the system of evidence discovery.To prevent the abuse of the right of action by establishing the guarantee system of punitive damages.In order to build a more scientific system of compensation for patent infringement,we should make joint efforts.