Research On The Punitive Compensation Of Trademark Infringement

The punitive compensation for trademark infringement is rooted in the common law system,which can punish the infringer and prevent the recurrence of similar acts by aggravating the compensation.China has established a system of punitive damages for trademark infringement,and revised the Trademark Law of the People’s Republic of China for the fourth time in 2019,raising the upper limit of punitive damages to "five times".The civil code of the People’s Republic of China tort liability prescribed in article one thousand one hundred and eighty-five of the compiling the punitive compensation rules of intellectual property rights,and on March 2,2021,the Supreme People’s Court,the Supreme People’s Court on the infringement of intellectual property rights civil cases for the interpretation of the punitive damages,punitive damages for intellectual property of a series of problems to explain.In this context,this paper discusses in detail the development and evolution of punitive damages for trademark infringement,summarizes and analyzes the current situation and existing problems of punitive damages for trademark infringement in China,and draws on relevant foreign legislation to explore how to improve the punitive damages for trademark infringement in China.In addition to the introduction and conclusion,this paper is divided into four parts.The first part mainly introduces the theory of punitive compensation for trademark infringement.This paper discusses the emergence of punitive damages and the development of punitive damages in modern Anglo-American law,analyzes the nature and function of punitive damages,and discusses the background of the introduction of punitive damages for trademark infringement in China as well as the legislative and judicial status quo.The second part discusses the existing problems of punitive compensation for trademark infringement in China,such as the vague definition of the applicable requirements,the imperfect provisions of the applicable procedures,the single and vague rules for determining the amount of compensation,and easy to be confused with the application of legal compensation.The third part is mainly about the comparative law of punitive damages for infringement of extraterritorial trademarks.Through the in-depth understanding of the United States,Germany and Japan and other extraterritorial countries trademark infringement punitive damages,to provide material for the next part of the study.The fourth part puts forward the strategies to improve the relevant problems of punitive damages for trademark infringement in China as follows: First,clear the application requirements,clear definition and identification standards of "malicious intent" and "serious circumstances";Secondly,we should improve the starting procedure,distribution of burden of proof and standard rules of proof of punitive damages for trademark infringement.Thirdly,combining with the foreign legislation and experience to perfect the determination rule of punitive damages amount,on the basis of allowing the right holder to freely choose the applicable compensation base,improving the compensation base and the determination rule of the applicable multiple,the factors such as the infringer’s economic condition are considered.Finally,distinguish the relationship and boundary between trademark infringement punitive compensation and legal compensation.