Judicial Application Of Punitive Damages For Trademark Infringement In China

In terms of legislation,the construction of punitive damages system has been basically completed,there is still a big gap between the judicial application practice and the expected legislative purpose.The Interpretation on the Application of Punitive Damages in the Trial of Civil Cases of Intellectual Property Infringement issued by the Supreme People’s Court further standardizes the application of the punitive damages system,but the judicial application of this system in the field of trademark infringement has not been fundamentally improved.This thesis is mainly based on the judicial practice of trademark infringement disputes in China,combined with the comparative research method,through the retrieval of 344 cases involving trademark infringement punitive damages in the Peking University Justice case database as the starting point of the study,problem-oriented argumentative layer by layer,on this basis,put forward the corresponding suggestions for improvement.First of all,this thesis summarizes the different views on the nature and function of the punitive damages system,and thinks that the system is a kind of civil tort damages liability system.Secondly,through sorting out the content of the judgment,in-depth analysis of some typical cases,summed up the judicial application dilemma of the system.Thirdly,in view of the fact that the system originated in the common law countries(regions),the investigation and reference of reasonable and effective system experience abroad and other regions can provide enlightenment for China to improve the system.This thesis expounds the relevant systems in the United States,Britain,Germany and Chinese Taiwan.Finally,combined with China’s national conditions,in view of the system in the judicial application of the dilemma,try to put forward the following suggestions.First,in terms of application principles,we should adhere to the principle of active and prudent application,which should not only actively apply the system to play its punishment and deterrent function,but also prevent the chilling effect caused by its expansion of application.Second,in terms of the applicable elements,the determination standard of the subjective element "intentional" is clarified,and the "serious" circumstances are specified.Thirdly,it is suggested to adopt the separate mode and limit the requirements of the application of statutory compensation so as to avoid the generalization of the application of statutory compensation clause.Fourthly,in view of the difficulty in determining the compensation base,it is suggested to improve it from the identification of actual loss,refining the profit from infringement and multiple of trademark licensing fee.Fifthly,it is suggested to refine the evidence obstruction rules in judicial practice and reasonably reduce the proof standard of the infringed to solve the problem of proof.