On The Improvements Of Punitive Damages In Intellectual Property Law In China

Nowadays, the tort of intellectual property occurs frequently, which tells us that intellectual property protection mechanism has lots of problems and defects. Applying Compensation System to tort of intellectual property is an effective and important method and can compensate surfer’s loss. On May 2014, Article 63 of new <Trademark Law > added new rule that for the person who has the civil and subjective liability of tort of intellectual property will suffer punitive damages. The amount of punitive damages is determined from one time to three times of the interest loss, the infringer ill-gotten gains or royalty. This marks the apply of Compensation System. Both of the <Copyright Law> of the revised draft for the third time case and the <Patent Law> revision suggestions for the forth time added Compensation System rule. Compensation System will have a huge effect on the studying of law. Otherwise our academic and practical circle have some argues of applying condition, reference factor and the amount of compensation. They didn’t do a comprehensive and systematic studying, specially, on applying of the studying. So it’s difficult for judges to use it. So comprehensive and systemic studying of Trademark Right, Patent, Copyright and Compensation System is necessary. Analysis of legitimacy and reasonableness of Compensation System is an urgent and important duty for us.This paper I will begin with the value of using Punitive Damages. Firstly, I will show that using of it comes from its characteristics of intangibility and replication. Then I want to talk some problems of Compensation System and illustrate that Punitive Damages could solve these problems. After that I will show the introducing of Punitive Damages fit the basic theory of modern Law of Tort. Secondly, the important is the describing of Punitive Damages development nowadays. And then I will show the problems of Punitive Damages and the factors that cause these problems. Finally, I will consider foreign countries’ Punitive Damages. We should have a further using of Punitive Damages on Patent Law and Copyright Law. In addition, I give the factors of determining punitive damages and calculate the amount of punitive damages. After applying of these methods I hope we could forbid tort of intellectual property and protect the interest of suffer.