Research On Punitive Compensation For Trademark Infringement

Since the introduction of the system of punitive damages for trademark infringement in China,although it has undergone the legislative amendment of Article 63 of trademark law and the judicial interpretation of the Supreme People’s court for the trial of punitive damages for intellectual property rights,it has not been completely rid of the present situation of the application of punitive damages in trademark infringement litigation,and the legal circles have not yet formed a consensus on the theory of punitive damages.Therefore,the main research content of this paper is to judge the merits and disadvantages of the system and solve the difficulties of application.Besides the introduction,it is divided into four parts,and the above problems are discussed.The first part is the overview of trademark punitive compensation system.Firstly,it introduces the meaning,development process and legislative background and current situation of China.Secondly,the basic theory of punitive damages is analyzed,including function and nature,and the legitimacy of the system is judged,which confirms the value of punitive damages.The second part aims at the judicial application of punitive damages in trademark infringement litigation in China,and analyzes the conditions of "malicious" and "serious circumstances" through legal theory analysis and case study.Then,combined with the relevant practical cases collected,the application of judicial system is analyzed,and three problems are put forward,which are too broad to apply legal compensation,the plaintiff’s difficulty in proof,and the lack of practical operation of the base of amount calculation.The third part adopts comparative research method,this chapter mainly selects three countries(regions): the United States,the United Kingdom,Taiwan region.This paper starts with the system setting up and judicial application of trademark infringement punitive damages,investigates the characteristics of punitive damages system of representative countries(regions)abroad,and finds some reference points for perfecting the system of punitive damages for trademark infringement in China by taking the stones of other mountains.The fourth part,based on the previous research,puts forward suggestions on the conditions of the application of punitive damages for trademark infringement in China,including clarifying subjective conditions and perfecting the common situation of "serious circumstances".Finally,three countermeasures are proposed to improve the application rate of punitive damages,reduce the burden of proof of the obligee and establish a reasonable calculation base to respond to the deadlock of judicial application difficulties.