| In the modern era of the vigorous development of intellectual property rights,intellectual property rights infringement is also repeatedly prohibited,high.The rapid development of science and technology and the popularization of the Internet undoubtedly provide technical convenience for IPR infringement as well as new ways and living space for IPR infringement.China’s compensation for intellectual property infringement is based on the filling principle,but this principle can not satisfy the protection of intellectual property in China at present.As a kind of intangible right,intellectual property right is more concealment and other characteristics compared with general infringement of real right.Therefore,the legal protection of intellectual property should not be the same as the protection of real right.It is more appropriate to introduce punitive compensation system into intellectual property rights protection.However,there are still many problems to be solved in the punitive compensation system of intellectual property right in China.Through the literature research method,this paper starts with the current research status of China’s academic circle,finds out where the debate about the intellectual property punitive damages system is,and analyzes the content of the debate,so as to improve the shortcomings of the intellectual property punitive damages system in China.In addition,comparative analysis is used to analyze and summarize the punitive damages system and other regulations formulated by a number of foreign countries on intellectual property rights,and to gain enlightenment from it,so as to absorb advanced experience for improving China’s punitive damages system.Through case analysis,this paper analyzes typical intellectual property infringement cases in China,finds out the problems existing in the judicial application of punitive compensation system in China,and puts forward corresponding solutions.This paper is mainly divided into four parts to explore the intellectual property punitive compensation system.The first part starts from the basic content of punitive compensation system,analyzes its basic connotation,function and nature.The second part analyzes the application status of the punitive damages system in China’s intellectual property right at the present stage and puts forward the existing problems from the perspective of the separate laws that introduce punitive damages in China at the present stage and the expression of the articles in the Civil Code.The third part starts with the application status of the punitive damages system stipulated in the extraterritorial intellectual property rights,draws on the successful experience of other countries,and obtains the enlightenment for the punitive damages system in China’s intellectual property rights.The fourth part synthesizes the analysis and induction of the first three parts and puts forward the suggestions and measures to perfect the intellectual property punitive compensation system in China at the present stage.Through unified applicable conditions,clear elaboration "on purpose","serious" standards,to further expand the scope of punitive damages system of intellectual property rights field applicable and reasonable limits of the system carried out by a series of measures,in order to enrich and improve a more conducive to the development of our country intellectual property rights system of punitive damages.Punitive damages system,the improvement of the current in the field of intellectual property rights and effective were introduced in view of the intellectual property of present development and put forward a kind of practical requirements,in the field of intellectual property rights the rest also need to introduce the punitive compensation system which can better protection of the interests of the obligee,balance the infringer’s relationship with the patentee,contain infringe intellectual property rights for the behavior at the same time,To create a better social environment and legal basis for the development of intellectual property rights. |
