Research On The Judicial Application Of Rules Of Punitive Compensation For Trademark Infringement

Punitive damages system is scattered in departmental laws and judicial interpretations in China,and its constitutive requirements are different because of the different departmental laws.Punitive damages is interpreted in Blake’s legal dictionary as the part of the compensation awarded by the(judge)except the victim’s loss if the defendant’s behavior is fraudulent,reckless and malicious.In infringement cases,the principle of "filling in the flat" has always been the principle of compensation pursued in trials.As we gradually realize that this principle cannot curb the frequent occurrence of infringement cases,people’s willingness to protect intellectual property rights is increasing.In order to better safeguard the legitimate rights and interests of the obligee and promote the further development of the concept of protection and innovation,the punitive damages system has been introduced in the field of trademarks,and this rule has been added in People’s Republic of China(PRC)Copyright Law,People’s Republic of China(PRC)Patent Law and other laws.Nowadays,the Civil Code of People’s Republic of China(PRC)(hereinafter referred to as "Civil Code")has expanded the scope of punitive damages,and added provisions on punitive damages in intellectual property infringement cases and environmental pollution infringement cases.In the tort part of the Civil Code,there are detailed provisions on the application of punitive damages.This is the first time that punitive damages have been stipulated in general principles.As far as the Civil Code and related provisions are concerned,there are three main manifestations of punitive damages: first,acts that violate the right to life or health;The second is the act of infringing intellectual property rights;The third is environmental pollution and ecological destruction.In the judicial process of trademark punitive damages,there are differences in the calculation method of compensation amount,insufficient rules of proof in trademark infringement punitive damages cases,limitations of judges’ traditional thinking,unreasonable design of the time point of infringement and tort liability determination rules,lack of detailed standards for compensation multiples,over-reliance on the function of statutory compensation in the judiciary,confusion between statutory compensation and punitive compensation,and other prominent problems that inhibit the long-term development of this system.Based on the analysis of the underlying causes of the above problems,this thesis puts forward some targeted opinions on the judicial application of punitive damages in China’s trademark law through the research and analysis of the judicial status of punitive damages in China’s trademark infringement and the punitive damages in foreign countries: First,clarify the applicable elements of punitive damages and formulate unified and standardized identification standards to ensure the accuracy of judging "malice" and "serious circumstances" in judicial application.Second,optimize the judicial trial rules of punitive damages for trademark infringement in China.By introducing punitive factors into statutory compensation,expanding the identification standard of actual compensation,refining the standard of compensation multiple,optimizing the rules of proof,properly applying the principle of proportionality,and implementing the evidence discovery system,we can solve the problems of difficulty in proof and controversy in the calculation of punitive damages,and then change the current situation of punitive damages for trademarks in judicial application in China.If we can effectively improve the system of punitive damages for trademarks in China,then the obligee can use legal weapons to actively protect his rights,and at the same time,it can solve the operational problems of the judicial department.Punitive damages system has two sides,both for the purpose of punishing the infringer and the side effect of stimulating the infringed person to obtain higher benefits from the infringed act.Therefore,when improving the applicability of punitive damages,we should also avoid the abuse of punitive damages.This thesis studies the application of the trademark punitive damages rules in the relevant judicial application from various perspectives,and continuously standardizes the trademark infringement punitive damages rules,so as to enhance the application scope of the trademark infringement punitive damages rules and related evaluation requirements and methods,and improve the trademark infringement punitive damages rules.