Research On The Application Of Punitive Compensation Rules For Patent Infringement

In recent years,Cnina has implemented a strict protection system in the field of intellectual property rights.The new "Patent Law" is about to be formally implemented,and the punitive compensation rules for patent infringement will be widely used in judicial practice.The state is gradually issuing detailed rules for the application of the new regulations,and the promulgation of judicial interpretations has made further provisions on the punitive damages system,providing legal support for the application of the system in practice.However,the limitations of judicial interpretations cannot exhaust all the situations in which punitive damages rules are applied.There are still problems in the improper determination of applicable conditions,unclear factors for determining the amount of compensation,and possible abuse of the rules.Therefore,it is really necessary to explore the imperfections of the existing punitive damages rules for patent infringement.The applicable rules of punitive damages for patent infringement are stipulated by judicial interpretations.The judicial interpretation regards the notification warning letter as one of the situations where the preliminary determination is "intentional",and the right holder is accused of unfair competition because of sending an inappropriate notification warning letter.Unifying the criteria for determining applicable conditions in judicial practice,and standardizing notification and warning letters in terms of sender,sender,sending content,sending method,etc.,is of practical significance for identifying “intentional”.In view of the difficulty in calculating the actual loss of the right holder,whether the contribution rate of the patented technology should be considered,and the influencing factors of the compensation multiple are difficult to determine,reduce the infringement damage certification standard,allow discretion to determine the calculation base and reasonably determine the multiple.Learn from the experience of the foreign country patent infringement rules on punitive damages,restrict NPE’s abuse of litigation from litigation rules and infringement warnings,establish a pre-litigation qualification review system and a litigation exception system for end users and retailers,and strictly reason for judgments Content,the discretion of the governing judge.