Research On The Application Of Law Of Punitive Damages For Intellectual Property Infringement

Since Trademark Law was first introduced of intellectual property tort punitive compensation system in 2013,the establishment of general provisions on punitive damages for intellectual property infringement in the Civil Code,and the provision of punitive damages in the newly revised Anti-Unfair Competition Law,Patent Law,Copyright Law and Seed Law.It symbolizes that the punitive compensation system realizes the full coverage in our country’s intellectual property domain.Under the double background of intellectual property protection needs and national policy orientation,the comprehensive implementation of punitive compensation system has become a new focus.Even though the Supreme People’s Court in order to better guide the people’s courts at all levels to carry out the work related to the implementation of punitive damages for intellectual property infringement,issued the Interpretation on the Application of Punitive Damages in the Trial of Civil Cases of Intellectual Property Infringement in March 2021,which further detailed various elements of the application of punitive damages system and standardized the understanding of the connotation and extension of relevant concepts,given the huge base of intellectual property infringement cases,The proportion of intellectual property infringement cases applying punitive damages is still very small,obviously,punitive damages in judicial practice appears in the application of the dilemma,It also fails to play its due role in realizing the ultimate goal of intellectual property protection.In the introduction part of this paper,the background,significance,research status and research methods of the application of punitive damages for intellectual property infringement are explained.Chapter one summarizes the origin and development of the system of punitive compensation for intellectual property infringement at home and abroad and focuses on analyzing the existing legislation of our country’s punitive compensation in intellectual property infringement to lay the theoretical foundation of this article.The second chapter,by searching the case of intellectual property infringement related to punitive damages,forms a visual chart,and by comparative analysis,views the current situation of the legal application of punitive damages in intellectual property infringement and summarizes the problems of the applicable predicament of punitive damages.The third chapter,aiming at the problems raised in the second chapter,classifies and interprets the punitive damages clause according to its constituent elements.Firstly,it clarifies the subjective and objective elements of punitive damages and their consideration factors.Secondly,it supplements and improves the determination methods and criteria of calculation base and calculation multiple.Finally,this paper gives a complete thinking of judging the applicability of punitive compensation to determine the amount of compensation,so as to realize the comprehensive implementation of the punitive compensation system in the field of intellectual property in our country,and give full play to its role of protecting intellectual property and maintaining social fairness and justice.