Research On The Application Of Punitive Damages For Trademark Infringement In China

The punitive damages system of trademark infringement has been implemented in China for about eight years,and the number of trademark infringement cases is increasing.On the contrary,the application rate of punitive damages is very low,which does not really play the role of the system.How to make it return to the right track and play its due role,we need to start from the practice,solve the application difficulties,and then improve the proportion of application.At the same time,we should avoid the generalized application of punitive damages in trademark infringement.This paper selects 151 out of 1626 judgment documents as the starting point to study the application of punitive damages for trademark infringement in China.First of all,sort out the content of the document,summed up the problems in the application.Specifically,there are different criteria for determining malice and serious circumstances;it is difficult to determine the calculation base and its sequential application does not show the advantage of rules;there are different criteria for determining multiple values in different places;the relationship between statutory compensation and punitive compensation is not clearly defined.Secondly,it introduces the applicable elements and calculation rules of the punitive damages system in foreign countries,and sums up the practices that can be used for reference in China,such as setting the constitutive elements,limiting the maximum amount of punitive damages,legal compensation should have the function of punishment,etc.Finally,to solve the problems,we can expand the specific connotation of malicious and serious circumstances;expand the scope of actual loss identification,reduce the proof standard of infringement profits,introduce the third-party organization to identify trademark license fees and other ways to solve the problem of difficult calculation base identification;break the order of calculation base application;determine the multiplier value combined with relevant reference elements and clarify the relationship between punitive damages and statutory damages.