Research On The Application Of Punitive Compensation System For Trademark Infringement

The value of trademark becomes more and more growing,with the development of commodity economy,and the forms of trademark infringement become more and more complexity and diversification.As a way of adjusting social problems,the law needs to respond to it urgently.The Trademark Law was amended in 2013 in order to curb the occurrence of trademark infringement,and the Trademark Law was amended for the fourth time in 2019,the punitive measures which shows the determination of the state attach importance to the IPR、countering malicious acts、encouraging the fair competition、defend the normal operation of the socialist market order.Perfecting the punitive compensation system of trademark infringement can further promote good social effects.Although the law of punitive damages in Trademark Law of China,has been applied for many years,the judicial situation is not optimistic.The application rate of this system in judicial practice is very low,failure to failure to achieve the expected results of curbing infringement.Search of Cases in China Judicial Documents Website,A study of the effective Judgment of Punitive Measures Concerning Trademark Tort.Here are the problems in the application of punitive compensation system of trademark tort: In judicial practice,there are some deviations in the understanding and application of Article 63 of the Trademark Law.The courts tend to apply to the statutory compensation.These above problems are caused by many factors: The proof of trademark right holders is difficult to provide evidence、generalization of statutory compensation、punitive damages are difficult to apply and so on.Only on the basis of a clear definition of the above-mentioned issues,in order to solve the problem of frequent trademark infringement cases effectively and application of the system difficult in trademark infringement cases in judicial practice.This paper is based on the reality of our country,through a large number of case collection and analysis,Some views on the perfection of China’s trademark punitive damages system and its practical application in the future,it mainly includes the following contents: Improve the calculation of the amount of compensation applicable to the punitive system、perfect the conditions applicable to the system、establish the quantitative standard system of statutory compensation,and clarify the scope of application of statutory and punitive compensation、reduce the certification standards of trademark infringers and so on.3 March 2021,the Supreme People’s Court issued “interpretation on the application of punitive damages in the trial of civil cases of infringement of intellectual property rights”。Based on the background,I get a perspective of its application prospect,in order to achieve more rigorous and complete research results.