Punitive Damages In Trademark Infrigement

The Trademark Law of the People's Republic of China amended on August 30,2013 was implemented on May 1,2014.This is the third revision of the Trademark Law in China since its enactment in 1983.Article 63 is regarded as the introduction of the punitive damages system for trademark infringement,which is a great innovation for the protection of trademark rights in China.However,there is no specific provision on the application of this provision.Based on the theoretical research of punitive damages,this paper analyzes the general principles of the system,the necessity and feasibility of introducing the system.In combination with judicial practice,this article explores the viable path for the punitive damages system.The article is divided into four parts:The first chapter,based on combing the various academic views,this paper defines the basic theory of "punitive damages system" and the function of the punitive damages system of trademark infringement,and analyzes the theoretical basis for the introduction of punitive damages in the field of trademark law.From the two perspectives of necessity and feasibility,this paper sorts out the practical basis and theoretical basis of punitive damages for trademark infringement.The second chapter,starts with Article 63 of the newly revised Trademark Law in May 2014.From the perspective of interpretation of the law,it analyzes the applicable conditions of punitive damages,the calculation of specific amounts,and the differences between punitive damages and statutory damages.The third chapter is the most important part of the paper.Based on the cases of trademark infringement(causes)and punitive damages(key words)since the implementation of the newly revised trademark law,this paper grasps the judicial status of the punitive damages compensation system for trademark infringement.The author finds that the currenttrademark infringement cases mainly have two phenomena.Based on the functional orientation of the punitive damages system and the realistic characteristics of trademark infringement disputes,several important issues in the implementation of this system were analyzed.This chapter,in conjunction with relevant cases,examines the scope of application of the“malicious” and “serious circumstances”.Based on the intention of the legislation and links with specific judicial trials,the specific determinations of punitive damages for infringement were summarized.We also discuss the method to calculate the basic amounts for punitive damages,and how to consider the contribution of intellectual property when determining the amount of compensation.The fourth chapter focuses on how to improve the punitive damages system and its practice handling,the article proposes the idea of constructing a punitive damages compensation system for trademark infringement that is applicable to the current status of intellectual property protection in China.