Research On Punitive Damages For Intellectual Property Rights Infringement

Under the background of strengthening intellectual property protection,it is necessary to introduce punitive compensation system as a legal means of risk prevention."Fill in principle" is the general principle followed by our country’s judicial practice in dealing with intellectual property infringement cases before punitive damages are introduced.However,in the judgment made under the guidance of this principle,the rights and interests of the infringed are often not effectively protected,which seems to be unable to meet the requirements of protecting the legitimate rights of the right holder.Therefore,the introduction of punitive compensation system is imperative.However,several years after the introduction of punitive damages in the field of intellectual property rights,the actual effect of punitive damages has not reached the height expected by the legislators,which contains problems worth exploring carefully.Under the guidance of this problem,this paper starts a series of discussion with the punitive damages system as the starting point.Firstly,the paper starts from the significance of introducing punitive damages system to intellectual property research in theory and practice.Then,through the analysis of the research status of the intellectual property punitive compensation system at home and abroad,this paper expounds the research status of the system abroad.Then this paper briefly expounds the function and meaning of punitive compensation system.Secondly,the second and third most important chapters of this article through the analysis of our punitive compensation legislation status quo and in the judicial practice to the system found the problem of further explanation.After analyzing the causes of the above problems,in order to make a more scientific use of the punitive compensation system in judicial practice and combining with the current situation of our intellectual property punitive compensation system,the targeted suggestions are put forward to improve our punitive compensation system.First of all,the applicable conditions of punitive damages should be clarified to prevent the abuse of discretionary damages and statutory damages,which will lead to the failure of the punitive damages system to play a corresponding role.Secondly,it is necessary to determine the compensation base of punitive damages and the compensation multiple to reduce the judge’s discretion in the trial of cases.Thirdly,the proof standard of tort facts of punitive damages system should be lowered so that judges can consider the application of the system more when trying cases.Moreover,we should coordinate the relationship between punitive compensation system,criminal responsibility and administrative responsibility to ensure the modesty of criminal law.Finally,we should improve the participation of punitive compensation in our judicial adjudication by improving the relevant system of punitive compensation,so as to promote the benign development of our intellectual property punitive compensation system and make our country a suitable fertile soil for the development of intellectual property rights.