Research On The Punitive Damages System For Intellectual Property Right

With the development of social economy and science and technology,innovation ability has increasingly become a key factor in a country’s development.As a representative of innovation,intellectual property rights are increasingly valued for their function of stimulating social development vitality and improving competitiveness.With the passage of time,this system has gradually improved,but due to the high complexity of intellectual property cases,there are also some judicial application difficulties that need to be solved urgently in practice.This article attempts to start with the emergence and development of the punitive damages system,sort out its characteristics,and analyze its value and function.Based on the current situation of the judicial application of punitive damages system in China,further discuss the difficulties of this system in judicial application,and propose improvement suggestions based on relevant cases.Chapter 1 "Overview of Punitive Compensation System for Intellectual Property Rights".Firstly,the concepts related to intellectual property infringement were elaborated.Secondly,it analyzed the origin and development process of punitive damages,established the legitimacy of punitive damages in the field of intellectual property,and why punitive damages can be established.Once again,the role of punitive damages system was discussed.Chapter 2 "The Constituent Elements of the Punitive Compensation System for Intellectual Property Rights and the Determination of the Compensation Amount".Through the analysis of the constituent elements of punitive damages,combined with the provisions of relevant laws and judicial interpretation,it is clear under what conditions intellectual property infringement is constituted.Then,by analyzing the determination method of the base and multiple of punitive damages,clarify the calculation method of the amount of intellectual property punitive damages.Chapter 3 "Judicial Application of China’s Punitive Compensation System for Intellectual Property Rights".Mainly analyzing the current application status of China’s intellectual property punitive compensation system and the execution of related case judgments,it is found that the application rate of intellectual property punitive compensation in China is not high,there is no specific standard for determining the multiple of punitive compensation,and there is a problem of different judgments in the same case.Chapter 4 "The Judicial Dilemma of the Punitive Compensation System for Intellectual Property Rights".By analyzing the judicial application situation in practice,the current judicial dilemma of this system is analyzed,mainly including the excessive discretion of judges;Difficulty in determining the amount of compensation and providing evidence;Lack of professional talents;The case execution and closure rate is low.Chapter 5 "Suggestions for Improving China’s Punitive Compensation System for Intellectual Property Rights".This chapter mainly proposes improvement suggestions for the issue of judicial difficulties,mainly from clarifying the calculation method of punitive compensation base and multiple;Improve the evidence system;Increase the participation of members with specialized knowledge in litigation;I have put forward my own suggestions on improving the relevant execution system.