Dilemma In The Application Of My Country's Trademark Infringement Punitive Compensation System And Suggestions For Improvemen

In spite of being applied to the case of trademark infringement about ten years,there are a few cases that inflicts the exemplary damages on the defendants.We need to probe the reasons from the legal provision and juridical practice,contrapuntally solve the posers and give full play to the role of the exemplary damages.Meanwhile,how to aviod the institution to be abused also is a question worth thinking.This paper selects 452 out of 2,082 judgment documents which are on the application of exemplary damages.Through the analysis of the plaintiffs request for litigation,evidence,focuses and treatment of the court,this paper concludes the difficult problems of applying the institution in the first place.And then analyzing how the typical countries are to establish the rules about the exemplary damages to Learning from their experience.Finally,this paper give some suggestions which could promot the exemplary damages being better applied in China.