Research On Punitive Compensation System Of Intellectual Property In China

As the number of intellectual property infringement cases continues to increase,compensation for intellectual property infringement damages has gradually shown signs of fatigue.For now,China’s intellectual property rights infringement damage compensation field is mainly based on the principle of filling compensation and statutory compensation.In judicial practice,there are mainly the difficulties of right holders in providing evidence,the difficulty in quantifying losses accurately,and the infringement of infringements.The abuse of statutory compensation has resulted in victims being unable to obtain full compensation through litigation,which has seriously affected the protection of intellectual property rights in China.In recent years,various circles in our country have conducted extensive discussions on how to effectively protect intellectual property rights,and the call for establishing a punitive compensation system has been increasing.The good operation of any system is based on people having a certain understanding of it,and the punitive compensation system is no exception.The first part of this article starts with the basic content of China’s intellectual property punitive damages system.Based on the analysis of the content of the punitive damages system,it analyzes its specific concepts.And focusing on the development of China’s intellectual property compensation system,the characteristics and problems of the compensation model at various stages of China’s intellectual property law are analyzed.Since the nature of punitive damages has not yet formed a unified view in the academic circles of our country,this article presents a view on this issue in the third section of Part One,and focuses on the view that the system belongs to the nature of economic law.On this basis,the general applicable conditions are summarized.The second part of this article mainly introduces the different opinions of China’s intellectual property infringement compensation system within the scope of experts and scholars from the perspective of point of view,and through the analysis of academic disputes,demonstrates the rationality analysis of the construction of the system,through the analysis of necessity And the sufficiency analysis to establish a theoretical foundation for the application of the system.The third part of this article mainly adopts three dimensions: legislation,judiciary,and society,and discusses the current status of compensation in the field of intellectual property in China,analyzes some of the existing unreasonable factors,and clarifies the urgency of the amendment of China’s intellectual property infringement compensation system.The fourth part of this article,based on the actual situation of our country and referring to the mature foreign laws and regulations,further refines the judgment criteria of subjective requirements,the expression of the objective aspects of the plot,the multiple of applicable compensation,the modification of fact determination,Several aspects of curbing bad social phenomena have put forward suggestions for further improvement of the system.