Application And Perfection Of Punitive Compensation System For Trademark Infringement In China

Since the punitive damages system was transplanted to China,its institutional advantages have complemented the sanctioning nature of civil damages,bridged the gap between civil and criminal law,and played an irreplaceable role.Under the strategic goal of implementing an innovative and strong country,intellectual property rights have developed at a high speed,among which the protection of trademark rights has been the first to bear the brunt.The legislator first introduced the punitive damages system into the IPR field in the Trademark Law in 2013.Since then,the legislation has made one amendment to the punitive damages system of the Trademark Law in 2019 and issued a relevant judicial interpretation in 2021.However,the protection of China’s punitive damages system for trademark infringement seems to remain in the protection and improvement of legislation,and in the judicial application of trademark infringement,the punitive damages system is still difficult to apply and the applicable norms are vague,so that the application of punitive damages is few and far between,while the application of statutory damages remains high.The reasons for this include malice and seriousness of circumstances,difficulty in determining the base amount of punitive damages as an invisible element,lack of regulation of punitive damages multiplier,crossover with statutory damages and difficulty in proof for the right holder.The punitive damages system for trademark infringement has unique institutional functions that cannot be replaced by statutory damages.In order to make the system of punitive damages for trademark infringement play its institutional advantages,it is necessary to draw on the experience of the system and application of punitive damages for trademark infringement in common law and civil law systems for the reasons of its difficulty in application.At the same time,on this basis,it is necessary to reasonably introduce the principle of proportionality,adhere to the discrete model,clarify the nature of statutory compensation,refine the rules of application of the punitive damages system,reduce the resistance to the application of the "invisible elements" and optimize the rules of evidence for the application of the system,so as to finally put forward a comprehensive and comprehensive improvement plan for the application of the punitive damages system for trademark infringement in China.The final proposal is a comprehensive and all-round improvement plan for the application of the punitive damages system for trademark infringement in China.