Research On The Punitive Compensation Of Intellectual Property

The intellectual property system aims to protect intangible assets,encourage and stimulate innovation.Since the 20 th century,the coverage of intellectual property has developed rapidly.The influence of knowledge and information on our lives has become more and more obvious,and the role of promoting economic development has become increasingly prominent.The economic value of intellectual property itself will not only bring a lot of economic benefits to its rights holders,but also cause unpredictable infringement disputes to the owner of the intellectual property.After more than ten years of accession to the WTO,China’s intellectual property level has developed significantly.Although it has entered the ranks of intellectual property powers,it still has a long way to go to become a strong intellectual property country.As we all know,China’s intellectual property system started late,and raising the intellectual property system to an international level in a short period of time will inevitably have many shortcomings in intellectual property protection.Judging from the current situation of intellectual property protection in China,I believe that it is necessary to apply a punitive system for intellectual property infringement compensation.The first part of this thesis is to study the basic theories of intellectual property infringement liability and punitive system,briefly expound the definition,constituent elements of the punitive damages system and the legitimacy analysis of the system,and lay the foundation for further discussion below.The second part is the status quo and defects of China’s intellectual property infringement compensation.By studying the emergence and development of China’s punitive damages system,it further analyzes the relevant regulations and evolution of the system in the field of intellectual property,so as to find out the defects and discuss them one by one..The purpose is to discover the problems existing in China’s current intellectual property infringement compensation and explore the reasons.The third part mainly provides a reference for the research of this paper through the research and comparison of the punitive damages system of intellectual property in the two major legal systems.The fourth part is aimed at the problems raised by the above analysis and the legislative research on the punitive damages system in the field of intellectual property in the two major legal systems.At the beginning of the article,the paper further clarifies the meaning,purpose and nature of punitive damages,and lays a foundation for later theoretical research.By analyzing the constituent elements: the infringer’s fault,the damage to the fact,and the causal relationship between the two,the rationality and legitimacy of the punitive damages system in the field of intellectual property are further demonstrated.Summarize the status quo and development of the punitive damages system in China’s intellectual property field,and learn from relevant foreign experience and lessons.At the same time,this paper puts forward some suggestions for the problems existing in China’s regulations on the liability of intellectual property infringers.On this basis,it points out the calculation method,calculation base and the limiting factors of the amount of compensation for the legal compensation of intellectual property rights in China..To strengthen the protection of rights and prevent infringers from gaining profits.