| With the four evolution of trademark law and the implementation of judicial interpretation of punitive damages for intellectual property rights,the protection level of trademark infringement in China has reached an unprecedented level.In terms of judicial practice,the introduction of judicial interpretation has not greatly improved the embarrassing situation of the generalization of statutory compensation.Based on the lack of predictability of judicial interpretation,many judicial practical problems are not fully covered.This paper intends to take the judgment ideas of the three guiding cases and the judgment documents involving punitive damages in recent three years as the starting point for research.First,it combs the judgment ideas and summarizes the crux of application,which is specifically manifested as: the presumption of "intent" is not comprehensive enough,"the identification standard of" serious circumstances "is difficult to determine,the consideration factors of legal compensation are formalized,and the calculation rules of punitive damages are rigid.Secondly,it introduces the considerations,calculation rules and other contents in the relevant foreign systems,and puts forward the improvement ideas in combination with the actual situation in China.Finally,it puts forward the improvement ideas on the basis of the current system.The refinement of "infringement for business" and the limitation of "litigation behavior" and "repeated infringement behavior" are used to refine the specific connotation of serious circumstances;The re understanding of "piracy and counterfeiting of registered trademarks" and the re discussion of "other intentional situations" are used to clarify the presumption standard of "intention";The improvement of compensation base selection and other factors are used to improve the calculation rules of punitive damages and clarify the applicable basis of legal compensation. |
