Research On The Applicable Norms Of Punitive Damages In Trademark Law

China introduced the punitive compensation system for the first time in the Trademark Law,add punitive damages regulations in 2013.Since its establishment,the code has caused considerable controversy,with core issues such as the subjective and objective applicable elements of punitive damages and the rules for calculating the amount causing intense discussion.After the promulgation of China’s Civil Code in 2020,among the subjective identification elements of punitive damages liability,there were legislative differences between the "malicious" provision in the Trademark Law and the "intentional" provision in the general provisions of the Civil Code.In addition,there is no unified standard for determining "serious circumstances".The nonstandard application requirements make it difficult to unify the applicable standards of punitive damages.In the amount calculation rules,differences in the determination of the base number make it difficult to determine its determination criteria and calculation rules in judicial practice,and the lack of multiple determination criteria increases the arbitrariness of judicial decisions.Reasonable coordination rules have not yet been established between punitive damages and other trademark infringement liabilities,leading to multiple penalties in the identification of punitive damages,resulting in injustice to infringers.The combination of the above issues has led to a dilemma in the applicable rules of punitive damages for trademark infringement in China,resulting in the inadequate and reasonable functioning of the system of punitive damages liability,which is not conducive to China’s efforts to combat trademark infringement and maintain a reasonable market competition order.Through empirical and normative analysis,it is found that there are many problems in the legal application of punitive damages for trademark infringement.The core of its application dilemma is the specific identification and regulation of punitive damages in trademark infringement cases.There have been significant disputes in academic theory and judicial practice regarding the criteria for determining the amount including the base and multiple of punitive damages.In addition,there is a lack of unity in the theoretical construction of the harmonization and standardization of punitive damages caused by trademark infringement and other responsibilities.The view of enhancing the constitutive requirements and the view of offsetting each have their own side.To be specific,firstly,the applicable requirements and criteria for punitive damages have not yet formed a unified view;Secondly,the amount calculation theory of punitive damages does not form a standardized base determination method and multiple determination criteria;Thirdly,there are few systematic studies on punitive damages liability in both academic and judicial practice in China.Therefore,in order to solve the above problems,it is necessary to conduct an in-depth analysis of the causes of the dilemma in the application of punitive damages for trademark infringement in China,in order to put forward corresponding suggestions for improvement: the subjective applicable elements of punitive damages in China’s Trademark Law should be modified to "intentional",and the determination of "intentional" should be simplified to "knowing" about the infringement;Clarify the determination of "serious circumstances",including a description of the motivation,means,and results of the infringement,and improve the specific determination situation;It is pointed out that the amount of compensatory compensation and its estimation are the basis for calculating the base number of punitive damages,and unified calculation rules are also provided.The multiple selection of punitive damages should be related to the determination of "serious circumstances";It is proposed that the competition and conflict between punitive damages and other liabilities caused by the same trademark infringement should be coordinated,and the occurrence of multiple penalties should be avoided through discount rules.Aiming at the specific causes of the application dilemma,corresponding countermeasures are proposed.It is expected to be beneficial to the legal application and theoretical improvement of punitive damages for trademark infringement.