Study On The Punitive Damages Under The System Of Intellectual Property Rights

Punitive damages in cases of infringement on intellectual property rights,play an important role in strengthening protection, as well as in punishing and restraining infringement activities. Punitive damages in cases of infringement on intellectual property rights has exerted substantive influences over the legislation and judiciary in civil law jurisdictions,it mainly stipulated in common law jurisdictions. In China legal system, in both theory and practice, punitive damages has drawn wide attention and triggered heated discussion, and the relevant proposal has been incorporated into the draft amendments such as the codes of patent, trademark and copyright.This dissertation consists of five sections: Chapter one Study on History and Current Situation regarding infringement on intellectual property rights’ Punitive Damages focuses on the legal system of punitive damages from the perspectives of legal history and comparative jurisprudence; Chapter two Study on Nature and Functions of intellectual property rights’-related Punitive Damages focuses on the very nature and main functions of intellectual property rights’-related punitive damages from the perspectives of jurisprudence as well as comparative jurisprudence; Chapter three Study on Justification in Relation to intellectual property rights’-related Punitive Damages focuses on exploration of the theoretical basis of justification in relation to intellectual property rights’-related punitive damages from the perspectives of civil law; Chapter four Feasibility and Necessity Study on Legislating intellectual property rights’-related Punitive Damages in China focuses on the local demands for legislating intellectual property rights’-related punitive damages by looking into the economy. Chapter five Study on Legislative Design and Judicial Enforcement Regarding intellectual property rights’-related Punitive Damages in China focuses on how to rationally legislate intellectual property rights’-related punitive damages and correctly enforce them in China from the perspectives of comparative jurisprudence and case study.Chapter one Study on History and Current Situation regarding infringement on intellectual property rights’ Punitive Damages focuses on the legal system of punitive damages from the perspectives of legal history and comparative jurisprudence; In this chapter, the author elaborated on observation on the emergence,development and current status of punitive damages in civil infringement cases both at home and abroad,elaborated on observation on the emergence and current status of intellectual property rights’-related punitive damages, elaborated on observation on the attitudes of legislation and judiciary towards intellectual property rights’-related punitive damages in China.The statutory damages stipulated in American Intellectual Property Law are a special form of punitive damages system; the attitude of Germany as one of the civil law jurisdictions towards the legislation and judiciary in cases of intellectual property rights’ infringement,etc.Chapter two Study on Nature and Functions of intellectual property rights’-related Punitive Damages focuses on the very nature and main functions of intellectual property rights’-related punitive damages from the perspectives of jurisprudence as well as comparative jurisprudence. In this chapter,the author elaborated on intellectual property rights’-related punitive damages, by their very nature, are civil liabilities rather than quasi-criminal liabilities, or such liabilities as under economic law or public law.Chapter three Study on Justification in Relation to intellectual property rights’-related Punitive Damages focuses on exploration of the theoretical basis of justification in relation to intellectual property rights’-related punitive damages from the perspectives of civil law. In this chapter, the author discussed the the theoretical basis of intellectual property rights’-related punitive damages in terms of civil law, preventive function of tort law, remedies for infringed intellectual property rights’ under civil law are difficult, protection over intellectual property rights’ through public law has its limitation, intellectual property rights’-related punitive damages are justifiable from the perspective of ethics and the reasons are justice is the ethical basis of legal system.Chapter four Feasibility and Necessity Study on Legislating intellectual property rights’-related Punitive Damages in China focuses on the local demands for legislating intellectual property rights’-related punitive damages by looking into the economy. In this chapter the author mainly discussed the necessity of legislating intellectual property rights’-related punitive damages in China on the following grounds, China’s national conditions at the current stage make it necessary to legislate intellectual property rights’-related punitive damages.China’s national conditions at the current stage make it necessary to legislate intellectual property rights’-related punitive damages the main circumstances regarding intellectual property rights’ infringement in China are: rapid increase in number of intellectual property rights’ infringement cases; outstanding phenomenon of intentional intellectual property rights’ infringement; some large-scale companies encourage intellectual property rights’ infringement activities either intentionally or unintentionally there has been theoretical basis for legislating intellectual property rights’-related punitive damages in China; there has been relevant experience in legislating intellectual property rights ’-related punitive damages in China; there are social demands for legislating intellectual property rights’-related punitive damages in China.Chapter five Study on Legislative Design and Judicial Enforcement Regarding intellectual property rights’-related Punitive Damages in China focuses on how to rationally legislate intellectual property rights’-related punitive damages and correctly enforce them in China from the perspectives of comparative jurisprudence and case study.In this chapter the author research on the pre-conditions for applying intellectual property rights’-related punitive damages,which include the infringement should be intentional and even if it’s only once, there should be losses caused by infringement since there should be no damages or punitive damages if there is no loss at all, intellectual property rights’ owners in infringement cases must claim for punitive damages before the end of court debate during the first-instance hearing, the applicable scope of the proposed intellectual property rights’-related punitive damages is set forth as below, intentional infringement activities, infringement on patents, trademarks and copyrights or unfair competition conducts, direct infringement and indirect infringement. Intellectual property rights’-related punitive damages must be capped at twice as much as compensatory damages, which should be equal to royalty fee of the infringed intellectual property rights’ determined on a reasonable basis rather than statutory damages. Judicial enforcement of intellectual property rights’-related punitive damages in China,compensatory damages,as the calculation basis of punitive damages,may refer to losses of infringed intellectual property rights’ owners,infringers’ profit or reasonable royalty fee, but not to reasonable cost for remedy or compensation for emotional distress.Co-application of intellectual property rights’-related punitive damages together with other tort liabilities, punitive damages may be imposed together with cessation of infringement,apologies and elimination of ill effects and may also be imposed together with compensation for emotional distress.the pre-conditions for applying legislate intellectual property rights’-related punitive damages,which include :the infringement should be intentional and even if its only once;there should be losses caused by infringement since there should be no damages or punitive damages if there is no loss at all; legislate intellectual property rights’-related owners in infringement cases must claim for punitive damages before the end of court debate during the first-instance hearing;scope of the proposed intellectual property rights’-related punitive damages is set forth as below: intentional infringement activities; infringement on patents,trademarks and copyrights or unfair competition conducts; direct infringement and indirect infringement;Intellectual property rights’ related punitive damages must be capped at twice as much as compensatory damages, which should be equal to royalty fee of the infringed intellectual property rights determined on a reasonable basis rather than statutory damages;...