On The Legal Application Of Punitive Compensation For Trademark Infringement

The protection of trademark rights is a hot topic nowadays.Among them,the punitive compensation system can improve the judicial punishment,which make infringers pay a high price,and create a good atmosphere of respecting intellectual property rights,which has attracted widespread attention.This system originated in the United Kingdom and is stronger than the United States.China’s Trademark Law introduced this system when it was revised,trying to make it take root in China and purify the intellectual property environment.However,the vitality of the law lies in its implementation.Through empirical investigation,it can be seen that in the past few years since the introduction of the punitive compensation system into China’s Trademark Law in 2013,the proportion of system application in judicial practice has been extremely low,and the original intention of the introduction of the system has not been achieved.The malicious infringement phenomenon in the field of trademark infringement has not been effectively and effectively curbed.The first reason is that the constituent elements of the punitive compensation system are not clear enough,There are conflicts and ambiguities in the legal provisions.Second,it is difficult to determine the amount of punitive damages,and it is difficult to determine both the base and the multiple.In order to solve the two problems mentioned above,so as to remove the dust on the punitive compensation system and make it full of vitality,this article has carried out a series of discussions.First of all,it is clear that the constituent elements of the trademark infringement punitive compensation system are "malicious" and "serious"."malicious" refers to the intention with strong moral condemnation,and there is no need to distinguish whether it is direct intention or indirect intention."serious" only needs to consider the objective aspects.Both of them constitute the constituent elements of the trademark infringement punitive compensation in both subjective and objective aspects,which are equally important and indispensable,It also lists "malice" and "serious circumstances" respectively,so as to clarify the constituent elements of the system.Secondly,in the determination of the amount of punitive damages,this paper starts from the base and multiple.In the determination of the base,the goodwill loss is included in the base,and the scientific amount of goodwill loss is determined through the evaluation of a third-party professional organization.At the same time,the base should allow the parties to make free choices.On the basis of the system function of punitive damages for trademark infringement,this paper sets the multiple interval for each consideration factor included in each function,and sets the consideration factor for reducing the multiple at the same time.When the judge hears the case,after careful analysis of the case,he selects the value in the corresponding interval,and then determines the due multiple of punitive damages after accumulation.By clarifying the constituent elements,base content and multiple determination method of punitive damages for trademark infringement in the above way,we can maximize the functions of punitive damages,improve the details of the application of the system,help the judge to reason in detail and systematically,avoid different judgments in the same case,and promote the healthy development of trademark protection.