Review And Improvement Of Punitive Damages Rules For Trademark Infringemen

The regulatory role of legal provisions is ultimately reflected in the practice of judicial application.In 2013,my country’s "Trademark Law" introduced the punitive damages rule for trademark infringement,which has been amended many times.The application of punitive damage rules and related issues are studied.The nature of punitive damages is both private law and public law.The legislation aims to“punish”the infringer who commits trademark infringement according to the severity of the act,and finally achieve the purpose of “containment”.If a worker wants to do a good job,he must first sharpen his weapon.The key to the application of the punitive damages rule for trademark infringement lies in the clarity of its constituent elements.Regarding the constituent elements of the punitive damages rule for trademark infringement,my country’s "Trademark Law" stipulates two penalties for trademark infringement.The elements of the punitive damage rules,one is "malicious" and the other is "serious circumstances",while the constituent elements identified by the current judicial interpretation are "intentional" and "serious circumstances".Therefore,it is necessary to uniformly regulate the applicable conditions.On the basis of unifying the constituent elements,the application conditions of the rule should also be comprehensively considered,so that the rule can be better applied in judicial practice.At the same time,the existing judicial interpretation stipulates that for the types of situations that constitute the elements,the listed situations need to be checked for rationality and operability through judicial inspection.The current laws and judicial interpretations stipulate the rules of punitive damages for trademark infringement.In addition to the above-mentioned problems,there are other problems,such as no reference standard for confirming the multiple of damages in judicial application,and the difference between the base and multiple.The calculation standard of the compensation is not uniform and the relationship with the statutory compensation has not been clarified.It is these unclear and urgent problems that make the current punitive damages rules for trademark infringement unclear and unclear in their operability,which ultimately leads to inconsistent judicial decisions in the judicial application of the rules,which cannot reflect the "rules" of the rules.Punishment" and "Containment" etc.In order to more effectively curb infringements,this paper examines the current punitive damages rules for trademark infringement by means of case statistics,further clarifies the vague provisions in the punitive damages rules for trademark infringement,clarifies the applicable conditions,clarifies the basis for calculating multiples,and determines the multiples of damages.The calculation method with the base number and the relationship with the statutory penalty are clarified,and the improvement methods and suggestions of the rule are explored from the judicial practice.