Research On Punitive Damages For Intellectual Property Infringement

With the rapid development of China's economy,the importance of intellectual property rights is self-evident,In 2013,punitive damages system was first introduced into Trademark Law,then the general rules of punitive damages for intellectual property rights were introduced into Civil Code and the latest revision of Copyright Law and Patent Law in 2020 successively introduced this system.At present,the research is not perfect,and there are some problems in the process of judicial application,which have brought troubles to the relevant parties.By analyzing the problems existing in the judicial case of "Happy Tea Case",this paper studies the concept,nature and function of punitive damages for intellectual property rights,and sums up some existing problems of punitive damages for intellectual property rights in China at the present stage,and gives some suggestions for improvement.