The Validity Identification And Judicatory Application Of The Act Of Family Agency

In recent years,there has been considerable controversy in China’s academic and practical circles over the punitive damages system for intellectual property rights.There is no universal understanding as to whether this system should be implemented in China’s intellectual property rights,and how to allocate the burden of proof when applying this system.The existing research results have not yet provided theoretical support for the construction of this system.Up to now,there is still a great deal of controversy in the academic community about the applicable conditions of the punitive damages system for intellectual property rights,as well as the relationship between this system and other legal systems.Based on this,this article focuses on the topic of "Application of Intellectual Property Punitive Compensation System",and consists of seven parts.The introduction part is the research background and significance.It briefly describes the background and significance of the study,discusses the current research situation at home and abroad,and briefly introduces the research methods and research ideas.The first chapter is a typical case and legal analysis of the punitive damages system in intellectual property law.This chapter selects three typical cases.This article analyzes typical cases of intellectual property infringement in China,and emphasizes the problems existing in the application of the punitive compensation system for intellectual property rights.The second chapter is the basic theory of the punitive compensation system for intellectual property rights.This chapter analyzes the concept,nature,and function of the punitive damages system for intellectual property rights,as well as the necessity of implementing the punitive damages system for intellectual property rights in China.The third chapter is about the applicable elements of the punitive compensation system for intellectual property rights.This article analyzes the unified applicable conditions of the punitive damages system for intellectual property rights,and sets out the criteria for determining "intentional","malicious",and "serious" circumstances.The fourth chapter is the current situation and evaluation of the intellectual property punishment and compensation system.This article reviews the current situation of punitive damages for intellectual property rights in China from the legislative and judicial perspectives,and analyzes some existing unreasonable factors in order to provide an overview of China’s punitive damages system for intellectual property rights.The fifth chapter is suggestions for improving the legal application of the punitive damages system for intellectual property rights.Suggestions for further improving the system are put forward from the aspects of determining criteria for subjective factors,further clarifying objective facts,and the use of the base and multiple of damages.The conclusion part summarizes the issues such as unclear applicable prerequisites,the identification of specific applicable bases,and the different standards for determining the multiple of punitive damages in the application of the intellectual property punitive compensation system,and puts forward prospects for the better application of the intellectual property punitive compensation system in China.