Research On The Application Of Punitive Damages System Of Intellectual Property Rights

The intellectual property system promotes economic development by creating an innovative environment.The punitive compensation system restricts and improves the transaction behavior of market economic subjects through punitive and preventive functions.The combination of the two will make the economic order in the field of intellectual property more stable and reasonable.There are more and more researches on the system and application of punitive damages in the theoretical circle.The punitive damages system studied in this paper mainly takes intellectual property as the research object,takes cases and data as the support,analyzes the legislative status,application problems and reasons of the punitive damages system of intellectual property,traces the source,provides litigation solutions and improves relevant supporting systems,and tries to solve the problems existing in the application.In the first chapter,this paper briefly describes the basic theory of punitive damages system of intellectual property rights,combs its basic meaning and constituent elements of liability,and lays a solid theoretical foundation for the following research.The second chapter makes an empirical study through the analysis of judicial documents to sort out the applicable norms of punitive damages,mainly taking the main laws of current intellectual property rights as the main line and supported by relevant judicial interpretations,so as to provide legal basis for the research of the article;Secondly,it analyzes the judicial application,and combs the cases according to the judicial documents;The last is the implementation study,which is divided into two dimensions: intra domain and extraterritorial.Through the discussion of the relevant legal norms,judicial application and implementation of punitive damages,this paper tries to find the root of the problems in the application of punitive damages.The third chapter analyzes the problems of punitive damages.The first is mainly the judicial application: the application conditions are not clear,the amount discretion benchmark is fuzzy,the applicable law is not perfect,the applicable subject is not perfect,and the filling principle can not meet the needs of intellectual property protection;The second is mainly on the issue of implementation.The case of punitive damages for intellectual property rights has its own particularity,and there are unreasonable places in the implementation system and implementation supervision.The fourth chapter puts forward some suggestions to improve the punitive compensation system of intellectual property rights: the first is to clarify the relationship between punitive compensation and related confusing concepts,including the relationship between compensatory compensation,legal compensation,punitive liability and the determination of punishment multiple;The second is to improve the litigation rules of intellectual property cases,including introducing the principle of proportion into punitive damages,determining the subjective identification standard of infringers,making full use of intellectual property evidence rules,including evidence disclosure system,proof obstruction presumption system,advantageous evidence,etc.,adding people with expertise to participate in the litigation and increasing the subject of punitive damages;The third is to reasonably set the amount of punitive damages and optimize the amount of punitive damages for intellectual property infringement;The fourth is the improvement of intellectual property punitive damages in the implementation,and effectively improve the execution ability.