On The Construction Of The Patent Of The Punitive Compensation System

With the development of science and technology and the progress of the society, thepatent infringement cases emerge in an endless stream, the applicability of punitive damagesin patent infringement field to enhance protection of the patent right, has been a matter ofconcern. Although the system of punitive damages is the adoption of the Anglo American lawsystem countries, but its continental patent legislation and judicial has produced significantinfluence. This paper uses literature analysis, historical analysis, economic analysis, legalinterpretation and comparison research method, carries on the analysis of local situation onthe system of patent infringement damages in China, find out the existing problems,combined with the analysis of the rationality of Introducing Punitive Damages in patent field,refer to other countries and regions in the legislative and judicial practice, put forward thefeasibility and necessary construction of the system of punitive damages in patentinfringement in China, and the specific way construction.This text is divided into four parts, the first part mainly introduces the current system ofpatent infringement damages in China, were discussed: the calculation method of patentinfringement damages in China’s historical development, legislative interpretation of patentinfringement, the amount of punitive damages, and the existence of China’s system of patentinfringement damages in question. The second part mainly through the comparison of twokinds of views on the positive and negative into the system of punitive damages in patent tort,as well as the analysis of private law and public law conflict on punitive damages, rationalitytheoretically expounds the application of punitive damages in patent infringement damages.The third part introduces the legislation on patent infringement and the judicial practice ofpunitive damages American, Japan and Taiwan region from the comparison method, as ourreference. The fourth part mainly expounds the main paths for constructing the patent of the punitive compensation system of our country, the necessity and feasibility of IntroducingPunitive Compensation in our country patent infringement analysis, positioning, for patentinfringement of punitive damages in the applicable conditions, limitations in paper, and putforward some opinions on the compensation amount calculation, some useful exploration forthe judicial practice.