Research On The Application Of Punitive Compensation System Of Trademark Infringement In China

Article 63 of the current "Trademark Law" confirms that for malicious infringement of the exclusive right to use a trademark,a serious case of trademark infringement should be based on a reasonable calculation of the loss of the right holder,the profit of the infringer,and the license fee,and then The amount of compensation is determined within ~3 times the range.This provision is considered to be the establishment of a punitive damages system in the field of trademark infringement,which can be described as a major innovation in the protection of trademark rights in China.Due to the limitations of the text,the Supreme People's Court has not yet issued relevant judicial interpretations,which has led to the lack of authoritative guidelines and judicial standards in practice.This article starts with the statutory compensation provisions for trademark infringement in China and captures relevant data on the practice of trademark infringement litigation.It finds out the practical dilemma of applying the punitive damages system in the field of trademark infringement in China,analyzes the underlying causes,and proposes to improve the punitive nature of trademark infringement in China.Reflection on the application of compensation system.Chapter I Briefly introduces the background of the amendment of the current "Trademark Law",and carries out a literal interpretation of the content of Article 63.This will pave the way for the following discussion.With regard to the judicial practice of the punitive compensation system for trademark infringement,some cases were selected as the source of statistical data,and three conclusions were drawn that the punitive damages were not operability,the right-holders' evidence was not positive,and the relationship between punitive damages and statutory compensation was ambiguous.Chapter II Undertakes the three issues mentioned above,and analyzes the deep reasons and controversies.First of all,the "malicious" and "serious" provisions of Article 63 of the "Trademark Law" are not clear,and the relevant judicial interpretations have failed to providereference to judicial standards,resulting in the lack of operability of the punitive damages system;In terms of the difficulty of the trademark right holders in proofing,the difficulty in assessing the value of the trademark and the higher standard of proof are the main reasons;Finally,as to whether the statutory compensation can be used as the basis for calculating the amount of punitive damages,the scholars' views on this issue are polarized.Chapter III Based on the above analysis of the application of the punitive damages system,the author combines the views of all parties and carries out in-depth thinking,and puts forward the view of perfecting China's punitive damages system for trademark infringement.To clarify the applicable conditions of punitive liability for trademark infringement in China;to facilitate the determination of the value of infringed trademarks,the market evaluation results of the value of the trademark can be selectively adopted,and at the same time,the standard of proof for the punitive damages system is reduced,and the burden of proof is impeded The function is to encourage rights holders to actively testify;punitive damages should not be calculated on the basis of statutory compensation,otherwise it will bring undue penalties to the infringer,and intensify the rights holders are indulging in evidence.