Research On The Application Of Punitive Damages Rules Of Intellectual Property Rights

Since the Trademark Law revised and promulgated in 2013 introduced the punitive damages rule of intellectual property for the first time,the legislation of the rule in the field of intellectual property has been continuously improved.However,no matter how good the law is,it needs to be "landed",that is,it needs to be accurately applied in justice.However,through the search of China judicial documents network,it can be found that up to now,only in a few cases of intellectual property infringement,the court has made a judgment on the explicit application of punitive damages rules.It can be seen that although the punitive damages rule of intellectual property has a good legislative vision,it has not really gained strong vitality and played its due role in judicial practice.There are two main reasons for the above phenomenon: first,the subjective application conditions of punitive damages rules for intellectual property infringement are high,which makes many intellectual property infringement cases unable to apply punitive damages;Second,in specific cases,the compensation base and multiple of punitive damages are often difficult to determine.In view of this,in order to make the punitive damages rules for intellectual property infringement better applicable in the field of intellectual property,this thesis gives some suggestions on the application conditions and compensation amount of the punitive damages rules based on judicial practice.As for the application conditions of the rules of punitive damages for intellectual property rights,the author believes that the interpretation of the Supreme People’s Court on the application of punitive damages in the trial of civil cases of infringement of intellectual property rights(hereinafter referred to as the interpretation)takes "intention" as the subjective application condition of intellectual property rights infringement has a certain rationality,but the subjective application condition of the rules can be further relaxed to "gross negligence",The relaxation of the applicable conditions can more effectively achieve the use of punitive damages rules to curb intellectual property infringement.The interpretation stipulates that the objective application condition of punitive damages rules for intellectual property infringement is "serious circumstances".The author believes that in the process of judicial practice,judges should judge whether the violation is serious and the damage result is serious,and consider and reason the causal relationship between the behavior and the result.For punitive damages for intellectual property rights,there is a problem that it is difficult to determine the compensation base in the current judicial practice.The author defines the compensation nature of legal compensation in the article,and puts forward a "bottom-up" calculation method that can take legal compensation as the compensation base.As for the compensation multiple of punitive damages for intellectual property rights,the author believes that in addition to considering the subjective fault degree of the infringer and the severity of the infringement,we should also consider the actual bearing capacity of the infringer in combination with China’s national conditions and follow the principle of rationality,so as to avoid the "bankruptcy" of the infringer due to one infringement from the perspective of fairness and justice.In addition,in order to avoid the negative effects caused by the excessive application of the punitive damages rules for intellectual property infringement,the author believes that we should,to a certain extent,restrict the application of the rules by examining whether the obligee abuses his power and Strictly Standardizing the application conditions,so as to crack down on the speculation of intellectual property litigation.