Research On Punitive Compensation For Patent Infringement

Punitive compensation is a civil compensation system different from compensatory compensation.It has the function of punishing and deterring infringement.Compared with the "fill-in principle" in the civil law,the amount of compensation set by the system exceeds the actual loss.On the one hand,it fully compensates the loss of the right holder,on the other hand,it is reduced due to its higher deterrent force.The infringement occurred again.The latest "Patent Law Amendment(Draft)" was reviewed in December 2018.The main contents of this patent law revision include strengthening patent protection,increasing the cost of infringement,increasing compensation,adding punitive compensation for serious intentional infringement,and increasing the amount of statutory compensation;reducing the burden of proof when the right holder claims compensation Burden etc.However,our country’s current theoretical research on the punitive damages system for patent infringement is not sufficient and lacks operability.In this article,the author first elaborated on the meaning,nature and function of the punitive compensation system for patent infringement,and combined with the current judicial practice and the problems in legislative protection,clarified the necessity of introducing the system into the field of patent infringement.Aiming at the difficulties and key points of the application of the punitive compensation system-the determination of "subjective intentional" and the calculation of the "base of compensation",by combining specific judicial cases in the United States and drawing on the experience summarized in long-term practice,the "You can attack jade",and finally analyze the text of Article 72 of the draft Patent Law,and put forward your own suggestions on the problems that may be encountered in the application of the system,clarify the subjective and objective conditions for applying the system,and improve punitive compensation.The calculation rule of the amount reduces the difficulty of the victim’s proof,with a view to providing theoretical support for the judicial application of the system.