Determination Of The Amount Of Punitive Damages For Trademark Infringement

In order to strengthen the protection of trademark rights and severely punish trademark infringement,the Trademark Law amended in 2019 increased the penalty multiple from "one time to three times" to "one time to five times".But the reality is that few trademark infringement cases explicitly adopt punitive damages system to award compensation in infringement judgment.One of the reasons hindering the application of punitive damages system is the difficulty in determining its amount.The amount of punitive damages is determined by the base and multiple.In terms of base number,there are some problems in the amount determination and specific application of the multiples of actual loss,infringement profit and reasonable license fee,which need to be improved;In the aspect of multiples,there is a lack of refinement rules in the determination of multiples,and the calculation method of multiples is controversial.Therefore,this paper studies the determination of punitive damages in order to provide practical methods for the application of punitive damages in judicial practice.Firstly,this paper defines the value goal of punitive damages.Value goal is the ultimate goal to be achieved by the base,multiples and even the total punitive damages,which plays a theoretical guiding role in the determination of punitive damages.Distinguish the relationship among punitive damages,complete damages and limited damages,punitive damages,administrative fines and criminal fines.Clear base belongs to compensatory compensation,discretionary compensation and agreed compensation.