Research On Punitive Damages System For Infringement Of Intellectual Property

At present,intellectual property infringement cases occur frequently in China.Especially with the deepening of market economy and the growing development of intellectual property industry,the incidence of infringement is constantly prohibited,which has a serious impact on the development track of enterprises and the way forward of intellectual property industry.Therefore,in order to punish the infringer and protect the right holder,some compensation methods have been established to punish the infringer after the infringement of intellectual property.Punitive compensation is different from compensatory compensation,which has the color of deterrence and punishment.The amount of compensation is significantly increased compared with the amount of damage suffered by the oblige,which is a great progress for the "filling up principle" in the civil law.In Article 63 of the Trademark Law promulgated in 2013,the punitive compensation system was introduced,with the purpose of restraining the forbidden trademark infringement in social life.According to the punitive compensation system,the amount of compensation will be one to three times of the actual damage suffered by the right holder for the malicious infringement of the right to exclusive use of the trademark and the circumstances are serious.However,there are very few cases of punitive damages for IPR infringement in China at present.From the perspective of judicial practice,there are four reasons for this.First,there is a lack of judgment standard for the punitive damages system;Second,the punitive damages amount of the lack of quantitative standards;Third,the system of proof obstruction does not play an appropriate role;Fourthly,the "punitive" problem in the legal compensation is becoming more and more prominent.Punitive compensation is different from legal compensation and cannot be replaced by legal compensation,so the priority position of punitive compensation should be stipulated.To explore and perfect the current intellectual property infringement to the scope of punitive damages system,perfect the relevant legislation of punitive damages system,and effectively implement the introduction of value,the punitive compensation system in the field of intellectual property rights play a real role,it is necessary to refine "on purpose" and "serious circumstances" discretion standard,perfect the calculation mode of punitive damages.