The Study On Punitive Compensation System In Patent Infringement

At the same time in China’s rapid economic development,improving the quality of economic development is becoming a real demand.In the process of building an innovative country,the number of patent applications and authorizations in China has entered the world’s forefront.Meanwhile,patent infringement dispute cases are also increasing.As the patent right has economic value and involves the vital interests of the right holder,it will damage the innovating enthusiasm of the right holder if the patent right can not be protected effectively.However,in the current judicial practice,it is difficult for the court to identify the loss of patent infringement,and make more compensation by statutory compensation.The amount of compensation is relatively low.How to effectively make patent infringement remedy has attracted the attention of the theoretical and practical circles.In the fourth revision of the Patent Law,the punitive damages system was added to the compensation for damages.As a damage compensation system,the punitive damages system has been applied in the relevant legal fields of our country,but whether it can be applied in the field of patent infringement is still a controversial issue.Based on the current situation and combined with the analysis of extraterritorial law,this paper,taking the punitive damages system of patent infringement as the center,discusses the legitimacy and construction of punitive damages system in the field of patent infringement.The first part points out the problems of current patent infringement damage compensation based on statistics and cases related to patent infringement disputes.The second part expounds the general theory of punitive damages system,introduces the functions of punitive damages system,such as compensation,punishment and repression,and several theories of punitive damages.In order to distinguish between punitive damages and compensatory compensation,the relationship between the two is also defined.The third part is the analysis of the current situation and problems of the compensation damages in patent infringement in China.In terms of legislation,the punitive damages system has been applied in some fields in China and has achieved good legal effect.In terms of justice,patent infringement has low costs and high returns,and there is a real dilemma in the patent infringement compensation system.There is still no unified conclusion on whether to introduce punitive damages in the field of patent infringement or not.The fourth part is the investigation of extraterritorial law.Affected by traditional legislative concepts,most civil law countries(regions) adopt compensatory compensation systems,but in the process of technological development,they have also made breakthroughs in the traditional compensation principles.In the United States,the system of punitive damages for patent infringement has been stipulated early,and its applicable standards are gradually perfected in judicial practice.The fifth part analyzes the legitimacy of the punitive compensation system for patent infringement.From the four perspectives of the theory of justice,the principle of balance of interests,the precaution function of tort law and the economics of law.,this paper makes a detailed argumentation on the justification of the punitive compensation system in patent infringement.The sixth part is the construction of punitive compensation system in patent infringement.Punitive damages in patent infringement are not applicable in any case,but are only applicable in the case of intentional infringement.In the proof of causality,the right holder’s burden of proof can be reduced.For the determination of the amount of damages in infringement,the amount of compensatory damages can be determined from the loss of profits,reasonable licensing fees,etc.,and then the amount of punitive damages can be determined by considering the factors such as the circumstances and the results of infringement.The seventh part is the conclusion of this article.