A Comparative Study On Punitive Damages In IP Law Between China And The US

Punitive compensation is one of the most important topics raised recently,especially after the amendments and judicial interpretations in Chinese law regarding punitive payment in intellectual property law.These amendments are essential to keep pace with the economic development and rapid growth witnessed by China over the past two decades due to the entry of foreign investments.For China,this development also requires the action in-laws and legislation that protect the rights of investment owners and also encourage investors to increase their investments in China.One of the points of the Chinese intellectual property protection law is its inability to protect invention owners and trademark owners.This is a significant obstacle to economic growth.The adoption of the punitive compensation system in Chinese intellectual property laws sends a message that reassures investors,capitalists,and inventors of their rights to use and exploit their inventions and protect their rights also in the event of a violation by anyone else,and compensation will be somewhat sufficient to cover the damage and lost profit;as a result the violation.This study presents the punitive compensation system in American legislation and the applications of this law in American courts,given that the American legislation has adopted the punitive compensation system a long time ago and the developments and amendments to many laws as well as judicial interpretations and practical practice in the courts in cases and reviewing the stages in which this system went through in American legislation and then comparing it with punitive compensation in Chinese legislation and trying to highlight the defects that marred the legislation and its applications in American courts between constipation and excessive use of punitive compensation,especially with regard to intellectual property laws and trying to elicit points Weaknesses and negative points in American legislation,which makes us put a more precise picture regarding Chinese legislation,since it recently adopted this system,and in the end,to express an opinion and some recommendations to avoid the mistakes that the American legislation made with regard to punitive compensation.