Determination Of Trademark Infringement And Punitive Damage

In recent years,with the development of science and technology and the development of our market economy,the number of trademark infringement cases has doubled year by year.Meanwhile,our country’s level of intellectual property protection is also strengthening gradually.In 2013,our country passed the amendment to the Trademark Law of the People’s Republic of China.In 2020,“the Civil Code of the People’s Republic of China” formally made clear the general rules of punitive damages in infringement of intellectual property rights,further strengthening the protection of intellectual property rights and increasing the promotion of punitive damages.The recognition of trademark infringement and punitive damages play an important role in maintaining the market order,but in the recognition of trademark infringement and punitive damages system there are still some difficulties in the application due to the lack of clear standards.In order to ensure the market order and the interests of trademark owners,it is of great practical significance to explore the standard of trademark infringement determination and the application of punitive damages.Apart from the introduction and conclusion,the text of this paper is divided into three parts.The first part is the basic case introduction and the focus of the case.Through the introduction of the case and the plaintiff’s appeal,the writer finds two focal points of dispute,one is how to identify trademark infringement,the other is how to apply punitive damages.The second part makes a more detailed analysis of the first focus of the dispute,mainly discusses the judgment criteria of trademark infringement.In order to further study the constituent elements of trademark infringement,the judgment criteria of trademark use,confusion and its possibility are analyzed.In addition,in order to better protect the interests of trademark owners,the author also writes out the regulation strategy of trademark infringement.The third part is about the application of punitive damages in trademark infringement,including the application conditions of punitive damages,the way to determine the amount of damages in the punitive damages system,the difficulties in the application of punitive damages system and suggestions to improve the punitive damages system.Through the analysis of trademark infringement identification and punitive damages,it improves the standard of trademark infringement identification and the application of punitive damages to provide more specific and clear countermeasures.