| In order to clarify the judgment and application of "serious circumstances" in punitive damages for patent infringement in China,so that it can be accurately applied in practice.Based on the current development situation of China and the characteristics of punitive damages,this paper affirms the legitimacy of the application of punitive damages.By discussing the application of punitive damages,the necessity of the "serious circumstances" element was determined.Based on the current situation of relevant laws,regulations and judicial interpretations in China,combined with China’s judicial practice,and specific to the special situation of patent infringement,it is found that the "serious circumstances" element is uncertain,especially the specific circumstances of repeated infringement,infringement as business,huge profits or losses are too general,resulting in unclear subjectivity and objectivity,different standards,and even opposing determinations in practice.This paper further combines the judicial exploration and theoretical research of "serious circumstances" of punitive damages to clarify the determination and application standards of specific circumstances.According to the severity of the circumstances,optimize a complete set of standards for the amount of punitive damages;Finally,by discussing the relationship between "serious circumstances" and "intentional",it is concluded that under the premise of certain principles,based on the special circumstances of patent infringement,"serious circumstances" and "intentional" can be comprehensively considered,and the two are not either/or. |
