On The Constitutive Elements Of Punitive Damages For Patent Infringement

In recent years,the new Patent Law has been promulgated and implemented,and a punitive damages system has been established on the basis of compensatory damages,which can better protect right holders,punish infringers,deter infringers and prevent patent infringement.The application of patent infringement punitive damages is of progressive significance.General Secretary Xi Jinping made a relevant emphasis at the 25th concentrated study of the Political Bureau of the Central Committee:pay close attention to the implementation of punitive damages for intellectual property rights,but in judicial practice,the number of cases in which punitive damages are applied to patent infringement cases is very small,which is a great reason why it is ambiguous in determining whether the constituent elements of punitive damages for patent infringement are met.so this paper will sort out the relevant views and their reasonableness of the subjective elements of punitive damages for patent infringement from the perspectives of multi-angle analysis of the constituent elements of punitive damages for patent infringement and the functional nature of punitive damages for patent infringement.Sort out the relevant views and reasonableness of the objective elements of punitive damages for patent in fringement,analyze China’s legislation and judiciary on this basis,put forward questions,and then take the questions to observe the relevant provisions and summaries of punitive damages for patent infringement in relevant countries outside the territory,and finally put forward a perfect proposal on how to determine the constituent elements of punitive damages for patent infringement according to the previous discussion,that is,the subjective aspect suggests that"intentional" is the element,"bad faith" is not recommended as the element,and it is not recommended to add the "gross negligence" element,In terms of objectivity,it is suggested that"serious circumstances" should be used as the requirement,and "serious circumstances" is not suitable as a judgment factor for subjective elements,nor is it suitable as a judgment factor for determining multiples of the amount of compensation.The innovation of this paper lies in the detailed sorting out of the concept,nature,function,subjective elements,and theoretical basis and recognition standards of punitive damages for patent infringement.In addition,Chapter Ⅲ:The specific circumstances of serious patent infringement are summarized by way of case listing.