Research On Punitive Damages System For Trademark Infringement

In order to help our country trademark infringement punitive damages system get rid of the realistic predicament of "difficult",increase the rate of its apply in the judicial practice,on the one hand,need to the specific meaning of punitive damages and accurate grasp the nature function,on the other hand through the kind of case and case analysis,summed up the current system on the applicable pain points and difficult points,Exist such as punitive damages system applicable standards are not clear,is difficult to determine the punitive compensation amount base,base line to the provisions of the lack of effectiveness and punitive damages and the legal relationship of recognition,not unified by the infringer and realistic problems such as difficulty of proof,and accordingly puts forward the Suggestions for reference,including: clear trademark infringement the application of the punitive damages;Improve the way to determine the base of punitive damages for trademark infringement;Break the rigid order of application of compensation base;Carding the relationship between punitive damages and legal damages;From the introduction of evidence discovery system and reduce the infringed proof standards to improve the judicial practice of evidence system.The system of punitive compensation for trademark infringement can be brought into full play.