The Research On The System Of Punitive Damages For Intellectual Property Infringement

Article 63 of the Trademark Law amended in 2013 was the first to introduce the punitive damages system in the field of intellectual property rights in our country.Later,the Copyright Law and the Patent Law also introduced the punitive damages system.Intellectual property is the most dynamic factor of production in economic development.In the context of strengthening intellectual property protection,the introduction of a punitive compensation system has become an effective legal means to punish violations and prevent risks.In this context,this article attempts to conduct a systematic and in-depth study on the applicable standards and procedural rules of punitive damages for intellectual property infringement and how to improve the system of punitive damages for intellectual property infringement in our country.This article starts with the connotation of the system of punitive damages for infringement of intellectual property rights,and uses value consideration methods while using the basic theories of legal philosophy,economics and civil law to discuss the nature,characteristics and legitimacy of the system of punitive damages for infringement of intellectual property rights.Combining our country’s legislation,justice,policies and infringement status,this article uses empirical research methods to further discuss the problems,and then uses comparative research methods to draw on successful experience from outside the region to propose the perfection of the system personal suggestion.Chapter One "The General Theory of the System of Punitive Compensation for Intellectual Property Infringement" mainly defines the system of punitive damages for infringement of intellectual property rights and demonstrates the legitimacy of the establishment of the system.This chapter first defines the concept of the punitive damages system for intellectual property infringement from the perspectives of etymology,history and academic theory,and demonstrates the private law nature of the punitive damages system for intellectual property infringement through the study of the public-private binary system.Then it introduces the main characteristics of the system to pave the way for further exploration of the legitimacy of the system.Finally,it analyzes the ethical value of the system from the two aspects of "morality" and "justice",studies the theoretical and realistic basis of the system,and demonstrates the legitimacy of the system in depth,laying a foundation for the study of subsequent chapters.Chapter Two "The Status Quo and Problems of our country’s Intellectual Property Infringement Punitive Compensation System" mainly analyzes the legislative and judicial status and existing problems of our country’s intellectual property rights infringement punitive compensation system.The 2013 "Trademark Law" introduced the punitive damages system for the first time in the field of intellectual property rights.The "Civil Code of the People’s Republic of China"(hereinafter referred to as the "Civil Code")passed in May 2020 legislates the punitive damages system as knowledge The system of punitive damages for infringement of property rights provides a basis for higher-level law.Subsequently,the "Copyright Law" and "Patent Law" also successively enacted legislation on the system of punitive damages.However,the legislation of the system of punitive damages for intellectual property infringement is relatively principled and lacks operability.In judicial practice,statutory damages are often used to impose substantial punitive damages,which makes the punitive damages clauses as "ornament".Chapter Three "Examination and Reference of Punitive Compensation System for Extraterritorial Intellectual Property Infringement" mainly introduces the legislative and judicial status quo of some typical countries,and learns the successful experience for the improvement of our country’s intellectual property infringement punitive compensation system.This chapter selects the punitive compensation systems for intellectual property infringements in the United Kingdom,the United States,and Canada as the object of investigation,focusing on understanding their system design and judicial application,and finding lessons that are worthy of reference for our country’s punitive compensation system for intellectual property infringement.Chapter Four "Suggestions on Improving my country’s Intellectual Property Infringement Punitive Compensation System" mainly proposes personal suggestions on the improvement of my country’s intellectual property infringement punitive compensation system from both legislative and judicial aspects.To give full play to the punishment,deterrence and prevention function of the system of punitive damages for intellectual property infringement,the key lies in determining the reasonable scope of punitive damages.The system of punitive damages for infringement of intellectual property rights is a private remedy,and its application needs to be applied by the right holder,and the court shall not directly apply it according to its power.The focus of the application of laws and the determination of the amount of punitive damages is to improve the procedural rules.Clarifing the applicable conditions of the proof impediment system and lowering the standard of proof of causality can enhance the operability of the punitive damages system,making it an effective legal "weapon" to punish illegal acts and protect the legitimate interests of intellectual property owners.