Research On The Application Of Punitive Damages System Of Intellectual Property Under The Vision Of Civil Code

The importance of the intellectual property protection system has become increasingly prominent.However,the repeated prohibition of infringement cannot solve the problems arising from infringement.With the confirmation and improvement of the punitive damages system of intellectual property rights by the Civil Code,China’s economy is also developing rapidly.Restraining the occurrence of infringement plays a vital role in China’s economic and social development.This system should be further improved and refined to meet the needs of China’s judicial practice.How to better integrate this system into China’s judicial application has become the focus of current research.The introduction systematically analyzes the basic provisions and overall situation of the system in China,introduces the research background and significance,sorts out the current research status at home and abroad,and introduces the research methods,so that the whole research idea can be relied on.The first chapter starts with the theoretical analysis of the system,clarifies the connotation of the system,summarizes the functions of the system,clarifies the advantages of the system and the legislative purpose,discusses the relationship and differences between the legal compensation and punitive compensation system,and provides the theoretical basis for the entire article.The second chapter makes an empirical analysis of the judicial application in China,sorts out the legal provisions and application in China,and analyzes and studies typical cases.The third chapter,based on the previous two chapters,analyzes the problems encountered in the current practice of the system,summarizes the difficulties in the application of the system.In practice,in most cases,judges and parties will not actively choose to apply the system.The reasons can be divided into the mixed use of punitive compensation and statutory compensation,difficulty in providing evidence for intellectual property infringement,etc,As a result,it is difficult to determine the subjective and objective applicable conditions of this system and to calculate the multiple of the compensation base.The fourth chapter puts forward corresponding solutions to the problems mentioned above,based on the lessons learned from some extraterritorial legislative experiences and combined with the actual situation of our country: it subdivides the specific responsibilities of obligees and infringers to maintain the balance of the law on the basis of the difficulty in proving intellectual property rights;Distinguish the core connotation of statutory compensation and punitive compensation,and make it clear that statutory compensation cannot exist as the base of punitive compensation;Widen the scope and circumstances of application of subjective conditions,and supplement the corresponding rules in addition to the situations listed in judicial interpretation for the applicable conditions;Specify the calculation method of radix and multiple,and propose a more flexible solution.Under the background of the promulgation and implementation of the Civil Code,the system can play a better role in judicial practice by taking measures such as the theoretical scope of the punitive damages system in the field of intellectual property,the allocation of the burden of proof,and the further refinement of the applicable conditions and calculation methods.