Research On Punitive Damages System Of Intellectual Property Infringement

Originating from the common law system of intellectual property infringement punitive compensation system,it by increasing the compensation liability of the infringer to achieve the purpose of maintaining the order of the intellectual property market and preventing the recurrence of similar infringement.Since the principle of compensatory compensation has been applied in the field of intellectual property in China has been unable to adapt to the judicial status quo of high cost of rights protection by the right holder and wantonly infringement by the infringer,this system was formally introduced in the Trademark Law amended in 2013,and the compensation ratio was increased to "less than one times and more than five times" when it was amended again in 2019.Following that,the Copyright Law and the Patent Law were amended in 2020 to add the rules of punitive damages.Meanwhile,the provisions on the punitive damages system for intellectual property infringement in the Civil Code issued in 2020 also established the general rules of punitive damages for intellectual property infringement.Although China’s legislation has been relatively perfect,but from the perspective of judicial practice,it has been nearly eight years since the system of punitive damages was first introduced into the law,but there are very few cases of intellectual property infringement that have really applied the punitive damages rule.It can be seen that this system has not been put into practice and failed to play its due function.This paper starts from the basic theory of the punitive compensation system for intellectual property right infringement,clarifies the meaning,intrinsic nature and function of this system.Secondly,it analyzes the legislative status quo of China’s IPR infringement punitive damages system,and combs the sample cases in judicial practice in detail,and then summarizes the characteristics of China’s trademark infringement punitive damages cases.Finally,on this basis,it clarifies the shortcomings of the punitive damages system for intellectual property infringement in China in legislation and the difficulties in judicial application,and puts forward a series of suggestions to improve the punitive damages system for intellectual property infringement in China.