Study On The Introduction Of Punitive Compensation System In The Patent Law

Under the background of China’s economic transformation and China-U.S.trade war,further strengthening China’s patent protection has become an important part of the fourth revision of the patent law.Therefore,in the patent law amendment(Draft)formed in December 2018,legislators tried to introduce punitive compensation system from the common law system in the field of patent protection.There is a certain conflict between this system and the damage "fill in principle" which our country’s civil tort has been adhering to for a long time.Therefore,this paper discusses the necessity and legitimacy of the introduction of the system,and emphasizes the "non punitive" function of the punitive compensation system in order to realize the full compensation of patent infringement cases.In the design of the specific system,on the one hand,this paper uses the experience of punitive damages in patent protection of common law system and civil law system respectively.On the other hand,it innovatively combines the problems and experience of punitive damages system in the practice of trademark law in the field of intellectual property in China,with a view to serving as a reference for the revision of the patent law and the subsequent construction of relevant systems.Finally,this paper provides some suggestions on the design of punitive compensation system for patent infringement in terms of application conditions,calculation of punitive compensation amount and other specific judicial practice.