Research On The Application Of Intellectual Property Punitive Damages

At present,with the continuous deepening of economic globalization and the continuous development of science and technology,intellectual property infringement and its remedies have attracted great attention from domestic and foreign scholars.Although the system of punitive damages for intellectual property originated in common law countries,it is recognized by all sectors of society to punish and curb intellectual property infringements and strengthen judicial protection of intellectual property rights.Therefore,intellectual property protection in civil law countries Has formed an important influence in the legislative and judicial activities.However,in recent years,both the academic and practical circles in my country have discussed the punitive damages system of intellectual property rights,whether this system should be introduced into my country ’ s intellectual property protection system,and the distribution of the burden of proof for applying this system,etc.It is no longer general,but up to now,there are still major disputes in the academic circles regarding the applicable conditions of the intellectual property punitive damages system and the relationship between the system and other laws.At the same time,its penalties for intellectual property Research on the compensation system has not yet fully adapted to the needs of intellectual property protection.In order to make the intellectual property punitive damages system play its due role in judicial practice,and adapt it to the needs of intellectual property protection.In the main text of this article,it starts with the changes of the punitive damages system in my country’s intellectual property legislation,and then outlines my country’s intellectual property punitive damages system.Secondly,it uses statistical analysis methods,visualized charts,and academic research.The status quo and so on analyzed the status quo of the implementation of punitive damages of intellectual property rights in the judicial practice of our country and the difficulties they face.Based on the dilemma in the application of punitive damages for intellectual property rights in judicial practice,the author has specifically selected typical cases issued by the Supreme People’s Court and the People’s Courts of various provinces and autonomous regions,and combined the results of the Supreme People’s Court on March 3 this year.On the basis of the “Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights” issued on Japan,the substantive conditions,procedural boundaries and conditions,the relationship with other liability systems,and applicable knowledge of punitive damages for intellectual property rights are applicable The method of calculating the amount of punitive damages for property rights has been explored and proved,with a view to making feasible suggestions for effectively improving the application of punitive damages for intellectual property rights in judicial practice.