Research On Punitive Compensation System For Intellectual Property Infringement

In the context of the new normal development of China’s economy of "mass entrepreneurship and revolution",under the context of naton prosperrity,people want to change the "software facilities".After reviewing China ’ s intellectual property-related strategic arrangements and legislative regulations,the author found that since 2008,China has not only launched many strategic arrangements to strengthen the building of an intellectual property ability,but also accelerated the improvement of relevant laws,regulations and rules from the micro-legislation..Based on this,the state has also put on the agenda the use and consideration of the punitive damages system by improving the remedy system of intellectual property rights.2019 New revised "Trademark Law" section 63 of Article 1,paragraph,2020 Nian 11 Yue 11 announced the "Copyright Law"(Third Amendment)section 54 of Article 1 and Article 2,paragraph,2020 Nian 10 Yue 17 Japan announced the "Patent law"(fourth amendment)section 71 of Article 1,paragraph already introduced the system of punitive damages system of intellectual property law: 2019 Nian 10 Yue 31,the State put forward a policy is to establish punitive compensationg system in the infringement of intellectual property,which consolidated the position of the punitive comensation system in the law of intellectual property.However,in judicial practice,it is susceptible to time and geographical constraints,it is difficult to determine the degree of damage compensation,so intellectual property lawbreaking cases continue to increase.Problems such as "difficulty in compensation" and "unsatisfactory relief effect" have also appeared frequently.Under the background of promulgation and implementation of Civil Code,Chinese scholars have intensified the study of punitive compensation system.When the author analyzes the solutions of the predecessors to the problem of intellectual property damage compensation,I find that some theories are still at a lagging stage,lacking systematic generalization and forward-looking.Therefore,this article try to interpret the law,analyze literature data,case studies and other research methods and combined with " Open Law Data" legal instruments net to analyze the specific cases data,the legitimacy and applicable effects of the construction of the intellectual property punitive damages system are deeply studied and discussed.Finally,a number of measures and suggestions to improve the intellectual property punitive damages system are put forward.To sum up,the article focuse on punitive comenpation of intellectual property issues of research,issegmented to an recommend,the first chapter to chapter IV,section three important conclusions.The introduction mainly introduces the current research status and main problems of the intellectual property from abroad to China and the setting and important subject,research summary,etc.,and anylyze the insufficiency of its application in the judicial system.The first chapter through Si chapter is the core of this article.This part mainly focuses on the oringin and development of punitive compsation system;combined with the special nature of intellectual property rights,expounds the risks and theoretical disputes of establishing a punitive damages system for intellectual property rights,and at last,it puts forward the necessity of establishing the system.The second chapter is the important basis for this article to analyze the following.By collecting and reading a large number of books and literature,the author sorted out the specific provisions of the punitive compensation system for equity from foreign to my country,and interpreted and analyzed them.Under the background of the promulgation and implementation of my country’s Civil Code,many legal provisions have been adjusted.The copyright,trademark and patent rights have clearly introduced punitive damages,and the "multiple" and "base" have been adjusted.The third chapter is based on the second chapter,it mainlyelabrates the problem of equity,my country has already provided for the intellectual property punitive compensation system in lawmaking,but it is being used in practice.However,there is a big gap,such as: unclear applicable conditions and scope,there is no clear judicial interpretation of the amount of indemnity,the victims were denied the help they had hoped for,and the judge’s discretionary power is too large.Chapter 4 and Chapter 3 are closely linked.Based on an in-depth analysis of the causes of the problems listed in Chapter 3,several suggestions and measures to solve the problems are put forward one by one.Conclusion,by discussion of the previous chapters,and under the State strategy of buildin a strong country in property protection and powers of the construction of statete book,this article is to provide some academic and intellectual property punitive damages related to new ideas,and to further improve the knowledge The property rights punitive damages system provides some theoretical support and practical basis.