Punitive Damages For Copyright Infringement Research On The Application Of Justice

Punitive damages,as damages for infringement,were first introduced into the field of consumer rights protection,and later into the field of intellectual property and trademark law.Today,punitive legal damages are introduced into copyright law.Although the relevant system of punitive damages has been relatively perfect in the Copyright Law and related judicial interpretations,there are still problems such as low frequency of application and confusion with other compensation systems in judicial practice.Curbing copyright infringement is the proper meaning of realizing the goal of building a country with intellectual property rights.Therefore,it is of great significance to study the judicial application of punitive damages for copyright infringement.This paper takes punitive damages for copyright infringement as the research object.The first part clarifies the connotation,function and boundary of the system from a theoretical point of view,makes a more comprehensive analysis of punitive damages for copyright infringement,and concludes that punitive damages should be compensated for The conclusion is that the statutory damages should be used as the calculation base instead of statutory damages.The second part analyzes the basic constituent elements and their determination according to the basic principles of civil law,and concludes that the punitive damages for copyright infringement should be based on the constituent elements of supplementary damages,and the additional constituent elements should be subjective intention and serious objective circumstances.in conclusion.At the same time,in the process of analysis,it pointed out that the subjective "intentional" and objective "serious circumstances" lack of theoretical guidance in judicial application,and tried to explore the countermeasures to solve this problem,and proposed that the legislative spirit of legal articles and judicial interpretation should be used as the guide.Effectively combine case facts and evidence to identify subjective "intentional" suggestions,and identify objective "serious circumstances" that should focus on the dynamic balance between public interests and personal interests.The third part aims to give the adjudication method and guidance for determining the amount of compensation from the perspective of judicial application,to clarify the method of determining the calculation base in general,and to formulate the claim that the right holder wants to prove through the evidence under special circumstances when there is an obstruction of evidence.The method of claiming truth determines the calculation base;it proposes the point of calculating the multiple by means of accumulation of elements and emphasis on proportional coordination.