Comparative Study On Punitive Damages Of Intellectual Property Between China And America

In judicial practice,because of the problem of value evaluation and the difficulty of determining the loss in intellectual property infringement cases,judges often take legal compensation in judicial practice.However,the amount of statutory compensation is determined by the judge,so the judge has more discretion,and the judge is too conservative in the trial process,and the amount of compensation is determined lower,it is difficult to achieve the goal of punishing the infringers,so it is necessary to establish the punitive damages system for the infringement of intellectual property rights.By comparing the norms of punitive damages for intellectual property between China and the United States,this paper analyzes the similarities and differences between them,and understands the advantages and disadvantages of different provisions,it can be used for reference for the perfection of punitive damages for intellectual property infringement in China.Although the punitive damages system of intellectual property in the United States has been mature and improved over a long period of time,China’s national conditions and culture are different from those in the United States,being born in Huaibei,we should not copy the foreign system completely,but should combine our system with the need to strengthen the protection of intellectual property rights,to our country’s intellectual property right punitive damages system carries on certain consummation.For the purpose of strengthening the protection of intellectual property rights,the standard of proof may be appropriately relaxed when applying punitive damages to cases of infringement of intellectual property rights,and for the purpose of maintaining the long-term prosperity and development of the intellectual property industry,it is Hypercorrection to maintain a prudent approach in determining the amount of compensation for intellectual property rights.