The Application Of Punitive Damages In The Field Of Intellectual Property

Punitive damages is a important part of the common law system, over time, punitive damages have been getting into legislation and judicial practice of civil law countries. Following the 2013 "Trademark Law" modifying punitive damages officially appear in the field of intellectual property legislation. By the end of 2015, "the draft amendments to the Patent Law(draft)" also appeared in the corresponding provisions on punitive damages. The new "Bill to amend the copyright Act" is also being drafted, including the introduction of punitive damages are growing louder. Punitive damages system introduced in the field of intellectual property rights is understandable. Punitive damages system has a compensation, punishment, deterrent function. It can make up for over existing compensatory compensation system defects. However, the new "Trademark Law" came into effect more than two years, but rare cases of application of punitive damages, punitive damages system in the field of intellectual property into the Application of the shackles.Combining public hot specific cases, lead to China's current "Copyright Law", "Trademark Law", "Patent Law" as the representative of the intellectual property law in tort damages aspect emerging issues. In summarize the concept and characteristics of punitive damages system, based on the induction of the legislative status of the relevant laws, presents and analyzes the civil law and common law countries, representatives of the relevant legal provisions on punitive damages system applications in the field of intellectual property. After combining existing knowledge specific right of damage compensation system deficiencies and suggest improvements legislative proposals. We hope to give future judicial in practice reference.