On The Perfection Of Punitive Compensation System For Trademark Infringement

China’s system of punitive damages for trademark infringement has experienced nearly five years of development since it was established in the trademark law in 2013 and the latest revision in 2019.The purpose of this system is to strengthen the protection of the trademark right and to safeguard the legal rights of the trademark owner.Through the analysis of 5 years of trademark infringement cases found that,punitive damages for infringement of trademark in China appeared as punitive damages are difficult to apply,the holder of the trademark in the difficult position of proof,legal generalization is low and the discretionary infringement plot applicable and compensation of the lack of evaluation standard and a series of reality.The present situation indicates that the function and purpose of the system have not been effectively realized,and it also hinders the goal of strengthening the protection of trademark rights and increasing the compensation for infringement damages.The main reasons are that the applicable elements of the punitive compensation for trademark infringement are not clear enough,the calculation rules of the compensation amount are not reasonable enough,and the determination of the infringement circumstances is lack of quantitative standards and other specific problems need to be solved.Therefore,only in accordance with China’s national conditions,comprehensive to trademark infringement established condition of punitive damages,the parties,the burden of proof,the trademark value evaluation method and evaluation system of the tort for discretion key elements such as organic conjointly to perfect,to further promote the development of the system of punitive damages for infringement of trademark in China,in order to realize the effect of the system of real society.In addition to the introduction,the main content is divided into four parts.The first part probes into the connotation and construction of punitive damages for trademark infringement in China,discriminates and analyzes the disputes in the construction of punitive damages system for trademark infringement in China,and probes into the significance of the system in the current stage of China’s development.The second part focuses on the legislation and judicial status quo of trademark infringement in China,and summarizes the main problems of punitive damages through analyzing the cases of trademark infringement damages in the past two years.The third part is the investigation of international conventions and outside trademark infringement punitive damages,in order to seek for China’s trademark infringement punitive damages system,seeking valuable experience.The fourth part mainly focuses on the important problems existing in the constitution requirements,burden of proof,calculation method and the appropriate circumstances of the punitive compensation system for trademark infringement in China,and puts forward the improvement path that fits China’s national conditions.