Research On The System Of Punitive Compensation For Patent Infringemen

Due to rampant patent infringement,high cost,difficult proof and low compensation for right holders,our country has established punitive compensation system in the patent law field,and the general rules of punitive compensation in intellectual property infringement are set up in the Civil Code.But from the current operation practice,the system does not play its due effectiveness.Aiming at the gap between the system effect and the actual state,this thesis analyzes the theoretical basis of the system of punitive damages for patent infringement from the perspective of legal connotation and legal function by using the method of dual attribute analysis of public law and private law.And on the basis of clarifying its introduction background and evolution course,taking the cases of applying or refusing to apply the punitive damages system as the entry point of analysis,summarize the existing problems of the punitive dam ages system for patent infringement,explore the reasons leading to the oor implementation of the system,and then put forward suggestions to improve the implementation of the system.First of all,this thesis studies and analyzes the subjective and objective requirements of punitive damages for patent infringement from the perspective of constitutive elements.Punitive damages can be applied to infringe with subjective intention and serious circumstances,but on the basis of the principle of liability for fault applicable to patent infringement,intention is the subjective fault form of patent infringe,and taking intention as the requirement will lead to a wide range of punitive damagesystem.Therefore,it is more reasonable to take bad faith as the degree of subjective miss in the judge’s case judgment.Secondly,it analyzes the difficulty of proof from the perspective of calculation basis.At present,it is difficult to prove calculation basis and punitive damages cannot be applied in the vast majority of patent infringement cases conforming to punitive damages.This is due to the intangibility of the object of patent right,which makes it difficult to accurately calculate the infringement damage,and the bias of patent infringement evidence,which makes the ability of proof extremely weak.Therefore,we can strengthen the application of the system of obstruction of proof to take profit from infringement as the calculation base,and take legal compensation as the calculation base to solve the problem that the three calculation bases are difficult to prove.Finally,from the perspective of compensation multiple,in judicial practice,the judge can directly rule the compensation multiple or directly give the amount of compensation,the lack of necessary demonstration.Judges should be required to follow the principle of proportionality in determining the multiple of compensation and to justify the multiple determination.To sum up,it is hoped to promote the application process of punitive damages system in the field of patent law with the help of the application of normative system and strengthening the reasoning of judgment.