Research On The Application Of Punitive Compensation System Of Intelligence Property Rights

With the growth of China’s economy and the continuous advancement of the optimization of the business environment,Intellectual property has played a huge role in promoting the healthy development of the socialist market economy,coordinating and maintaining the rights and interests of all parties involved in market transactions.At present,punitive damages have successively introduced in the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code),various special laws on intellectual property rights,and the "Infringement of trade secrets" clause of the Anti-Unfair Competition Law,Construction has achieved remarkable results in my country.However,judging from the application of the intellectual property punitive damages system in recent years,some legal loopholes still exist in the application of the system,such as unclear application conditions,limited scope of application,inconsistent compensation standard,and imperfect rules of evidence.Therefore,by reviewing and comparing the development and application of the punitive damages system in the field of intellectual property within and outside the region,it further combs and analyzes the shortcomings existing in the practical application of this system in my country.Combined with the newly promulgated judicial interpretation,the application of strengthening the system of punitive damages for intellectual property rights is studied from both legislative and judicial aspects.Discuss and demonstrate the subjective and objective application conditions,scope of application,compensation amount,evidence rules and distribution of burden of proof,in order to put forward feasible suggestions for the implementation of this system.