A Study On Punitive Damages Of Patent Infringement

Damages compensation for patent Infringement is a major issue in the patent system in China. The applicable principle in determining whether compensatory or punitive damages is still in debate, while compensatory damage is applied in our country. Meanwhile, it’s much more difficult to prevent torts under the current patent system along with the huge profits which patent brings due to the quick development of modern high technology. Some scholars suggest that punitive damages should be applied to avoid patent Infringement. Furthermore, the amendment of patent law(revision and consultation draft) has been approved by state intellectual property office in June 2012, which brings punitive damages to prevent intentional torts explicitly.The author is about to analyses the advantages and disadvantages of current damages compensation for patent Infringement, and the necessary and feasibility of establishing punitive damages system.Specific recommendation will be threw out by using the experience in other countries like the United States, Great Britain, Germany for reference and fully integrating the local situation, to improve the patent Infringement compensation system of our country.