The Application Of Punitive Damages For Trademark Infringement In China

My countrys Trademark Law in 2013,broke the way of conventional damages in the past,and took the lead in establishing the punitive damages system of intellectual property infringement.When revised again in 2019,further improvement of compensation multiple,in order to punish and deterrent in the social market The trademark infringement of flooding reflects the states protection of intellectual property rights.However,due to the lack of relevant practical experience,it is directly introduced to the system,causing the provisions to formulate the unestinus,from the perspective of judicial trial practice,its legislation is not fully reflected.Although the system has been established in 7 years,it is not fundamentally improved in the practice of legal compensation provisions in practice.The reason is that,first,the legislative punitive compensation system is unknown,leading to differences in the understanding and application of the jurisprudence on the provisions of the provisions;secondly,the punitive compensation calculation basics is difficult to quantify,the court does not dare to make a judgment;It is difficult to proof,and the court can only make legal compensation based on non-evidence.In 2020,the Civil Code officially announced that the intellectual property penalty compensation system has been confirmed by the civil basis,and its importance is self-evident.In order to make the system not be bunch of high cabinet,how to improve its applicability is a top priority.This paper mainly analyzes the statistical analysis of the judgment of the local courts,finds the root causes of the application rate of punitive compensation,and reference some of the experiences and related regulations,in order to seek a punitive compensation system that meets the national conditions of my country.Contacting my countrys actual situation,this article is to explore the following aspects in the judicial field.First,clarify the application conditions of punitive compensation responsibility,clarify the meaning and relationship between malicious and serious circumstances.For malicious,it can be determined by the additional behavior,such as multiple or long-term infringements,such as many or long-term infringements;for serious circumstances should be used as the main consideration factor with the consequences of infringement,but can not be confracted to objective Economic losses,the extent of the subjective fault,the length of infringement,the length of the infringement,and the extent of the infringement,and if it is also a serious degree,it can also be considered as severity.Next,the calculation of the calculation of the punitive compensation is determined.For the actual loss of rights,the amount of calculation can be determined by factors such as the reduction in the market share of the trademark,and the loss of goodwill;the benefits of the infringent can be easily determined by appropriately relaxing evidence,or the implementation of proof is inversion to determine the calculation amount;For trademark license,you can learn from our Taiwan area,play the role of identification agencies,or learn from the US proportional calculation,virtual price law,etc.Again,clarify the relationship between legal compensation and punitive compensation.There is a coincidence relationship between the two,and the statutory compensation should not be used as a calculation base.In order to avoid the victim due to difficulties,it does not make up the compensation,and ultimately leads to infringement that cannot be pursued,and the statutory compensation should be determined to compensate and punish double characteristics.Finally,there is a difficult problem of being invaded to proceed,and you can draw on the US evidence premonition system and appropriately reduce the proof of the infringers,form Chinese characteristics,suitable for Chinese judicial practice,in line with Chinese national conditions.