Research On The Judicial Application Of Punitive Damages For Intellectual Property Rights

The punitive compensation system of intellectual property is an important system to effectively strengthen the protection of intellectual property and effectively curb intellectual property infringement.At present,the punitive damages system of intellectual property rights has been fully established in legislation,but there are still a lot of ambiguities in the specific application process,such as unclear judgment of application conditions,lack of determination method of compensation base and multiple,different standards of proof,abuse of legal compensation and so on.These problems need to be further explored in theory and practice in order to make the punitive damages system of intellectual property glow with infinite vitality.This paper is divided into four levels.The first part studies the system of punitive damages for intellectual property rights from the perspective of jurisprudence,comparative law and legal history,and summarizes and analyzes the trend of the number of intellectual property cases in China,as well as the application tendency and general view of punitive damages for intellectual property rights in judicial practice.The second part explores the preconditions for the application of the punitive damages system of intellectual property rights.The application of punitive damages for intellectual property rights needs to meet the standard of "intention + serious circumstances".The "intention" includes direct intention and indirect intention,and the "serious circumstances" needs to be comprehensively identified in combination with some objective factors.At the same time,this chapter also puts forward the specific identification standards of "intention" and "serious circumstances".The third part studies the relationship between punitive damages and statutory damages,and analyzes the reasons and solutions for the abuse of statutory damages.Although statutory compensation as a standby system is suspected of abuse,it can not be denied that it has unique institutional advantages.Therefore,the statutory compensation and punitive compensation system may be applied harmoniously.On this basis,there may even be a new method to determine the base number and times of punitive compensation.The fourth part studies the calculation method of punitive damages for intellectual property rights.The key link for the effectiveness of the punitive damages system of intellectual property rights lies in the calculation of the final amount of compensation,which is generally obtained by multiplying a certain base of compensation by a certain multiple of compensation.Finally,the compensation liability of this amount is imposed on the infringer in order to play the role of sanctions.The sanction factors cannot be arbitrarily expanded,otherwise it will derogate from the legitimacy of the law.Therefore,when determining the calculation base of punitive damages,the base itself cannot contain punitive factors.When calculating the multiple,it should be relatively certain to rely on some objective factors.This paper attempts to make a quantitative analysis on the determination of the specific amount in the way of model construction,crown various subjective and objective factors with the corresponding scoring standards,form the specific score,and finally calculate the approximate multiple of compensation through a certain calculation method.