Research On Punitive Compensation Of Trademark Infringement In China

On April 23,2019,China revised the Trademark Law again,changing the calculation multiple of punitive damages "more than one time and three times or less" to "more than one time and less than five times",which caused widespread concern and discussion in academia.In recent years,there have been more and more cases of trademark infringement disputes.The vitality of market subjects and a good business environment urgently need to further improve the punitive compensation system to effectively curb malicious and serious infringements.However,in the application of trademark infringement punitive damages,it is exposed that the application relationship between trademark infringement punitive damages and statutory compensation is unclear,and the criteria and consideration factors for the application conditions of "malicious" and "serious circumstances" are not clear 3.The difficulty in determining the base and multiples in the method of calculating punitive damages has become a serious obstacle to the application of punitive damages for trademark infringement.Therefore,it is necessary to proceed from the problems of punitive damages of trademark infringement,through the guidance of civil law and intellectual property law,combined with specific case analysis,it is concluded that China should clarify that statutory compensation is compensatory compensation and cannot be used as the calculation base of punitive compensation Therefore,the two are used together;unifying and standardizing the application conditions of punitive damages for trademark infringement,introducing a trademark infringement damage assessment method to clarify the calculation of the cardinal number and consideration factors of multiples.Provide reasonable application direction and perfect suggestions for China’s trademark infringement punitive damages,facilitate the improvement of the plight of trademark infringement punitive damages in judicial application,promote the construction of China’s intellectual property punitive damages system,and promote the development of market economy.