Research On The Application Of Punitive Damages In The Judicial Practice Of Trademark Infringement

With intellectual property development,the number of trademark infringement cases increased as well,and market order severely disrupted market order.The legislators creatively lead into the private law system with the property of public law to reduce trademark infringement and curb vicious infringement cases.Through the statistics of952 judgment documents related to punitive damages for trademark infringement,data such as constitutive elements,judgment results,and judicial provisions were analyzed—the questions include: 1.The rules are not uniform,including understanding legal provisions and the standard of constituent elements.2.Difficulty in proof of infringement,including batch lawsuits are idle to produce evidence and the plaintiff proof difficult.3.The amount of damages is difficult to calculate,including general damages are difficult to apply and satisfaction excessive.In response to the above problems,relevant laws and judicial interpretations were combined to propose feasible solutions: 1.Clarify punitive damages rules,including clarify the relationship between punitive damages and statutory damages and clarify the standard of constitutive requirements 2.Improve the burden of proof system,including Implementing the system of evidence disturbance and raising the standard of proof in batch lawsuits.3.Break the calculation dilemma of the damage compensation amount,including increasing the admission rate of evidence and the amount determined way,limiting the satisfaction,and strengthening the theory of judicial documents,by way of solving specific problems in practice to bring into full play the function of the system in the protection of trademark.