Research On Judicial Application Of Punitive Damages For Intellectual Property Infringement

The 1185 article of Civil Code stipulates the system of intellectual property punitive damages,which means that the system and framework of the legislation in the field of intellectual property punitive damages in our country have basically formed.At present,the focus of our research on intellectual property punitive damages should be transferred from theoretical research to judicial application.Through the study and analysis of a certain number of sample cases,it can be found that the judicial practice of punitive compensation has accumulated some experience in the field of trademark infringement,which also provides reference for other intellectual property infringement cases,but there are still insufficient and inappropriate applications.Compared with the statutory compensation,the overall application rate of punitive damages is low,and the judgment tends to be conservative.The improper application is reflected in some cases where the adjudicator blindly pursues the "punishment" of the infringer and determines the punitive compensation multiple from a high level.In some cases,the statutory compensation is to "meddle in others’ affairs" and play a punitive function.The reason is that the count of the amount of punitive damages is still a fundamental problem,and the "difficulty in calculation" has become the invisible condition for the application of punitive damages,and the difficulty in the proof of the right holder and the widespread use of statutory compensation further hinder the application of punitive damages.Therefore,in theory,it is necessary to establish a deep understanding of the connotation of the punitive damages system in the field of intellectual property,especially the significance of the system in intellectual property law,that is,punitive damages in the context of intellectual property infringement should not pursue the function of "punishment",but should focus on the function of prevention,and on this basis uphold the principles that punitive damages should follow in judicial application.To understand the original intention of the legislation and realize the expectation of the legislation on punitive damages in intellectual property protection.In trial practice,first of all,the applicable conditions of punitive damages should be clarified.Although the judicial interpretation lists the specific circumstances of the application of punitive damages,but "the lack of theoretical coordination of the concrete determination rules to achieve the stability of law",judges should establish an abstract understanding of the application conditions of punitive damages to adapt to the complex and constantly changing forms of tort.Secondly,re-examine the functional orientation of legal compensation.As a "discretionary" way to determine the amount of compensation,statutory compensation should not be combined with compensatory damages and punitive damages,but should play an auxiliary role when the torts meet the requirements of compensatory damages or punitive damages,but lack the calculation basis.Finally,improve the amount of punitive damages calculation method.To seek the way of determining the base of punitive damages as much as possible,attach importance to the important role of discretionary compensation,in order to reduce the negative impact of "difficult calculation" on the application of punitive damages.The classification method should be used to make the multiple ratio of punitive damages more accurate and reasonable.