Study On Judicial Application Of Intellectual Property Punitive Damages System

Intellectual property takes promoting social innovation as its value goal,but its innovation function is restricted by the practical dilemma faced by adjudicating intellectual property cases.Punitive damages system has the function of punishment and prevention is a powerful weapon to solve this dilemma,intellectual property rights is the economic development of China’s socialist modernization in the most dynamic and competitive factors of production,under the background of strengthening the protection of intellectual property rights,to introduce the punitive compensation system into an effective punish illegal and legal means of risk prevention.This paper attempts to write from the emergence and formation of punitive damages system,combing its origin,nature and characteristics.In combination with the legislation,judicial interpretation,policy and present situation of infringement,this paper further discusses the legislative and judicial problems of punitive compensation system for intellectual property infringement.Finally,using case analysis method,put forward personal suggestions on the perfection of the system.The first chapter,"The development and evolution of intellectual property punitive damages system",focuses on the vertical sorting of intellectual property punitive damages system,and defines it.This paper discusses the legitimacy and necessity of introducing punitive damages into the field of intellectual property by analyzing the property of intellectual property and the background of the deepening of market economy and the development of intellectual property industry.The second chapter "the existing application of intellectual property punitive damages system",through the interpretation of the composition of intellectual property punitive damages elements,clear for intellectual property infringement can be applied to punitive damages.The limitation of intellectual property punitive compensation system in China is analyzed from several aspects such as distinguishing applicable conditions and determining compensation base.The third chapter,"Analysis of the causes of the specific application of punitive compensation system for Intellectual Property Infringement",focuses on sorting out the causes from three aspects,namely,the distinction between "malicious" and "serious",the causes of the victim’s loss being difficult to prove,and the excessive use of legal compensation in judicial practice.These are the important reasons why punitive damages are difficult to apply in intellectual property.Chapter iv "to perfect the punitive damages infringement of intellectual property rules of judicial application of advice" mainly from the clarity of intellectual property rights applicable conditions of punitive damages system,we should improve judicial proceedings and perfect the legal compensation for three aspects: the improvement of the system of punitive damages for infringement of intellectual property rights in China puts forward personal advice,this paper argues that,on the basis of the implementation,It can make our country’s intellectual property punitive compensation system get the best legal effect and social benefit.