Research On The Application Of Intellectual Property Punitive Damages

Since the introduction of the punitive compensation system in the separate Law of intellectual property,the Civil Code has made general provisions on the system,laying the foundation of the punitive compensation system in the field of intellectual property,but it also further brings the problem of how to connect and apply the legal compensation.Before the introduction of punitive compensation system,it is necessary to trace back to the high-frequency application of statutory compensation compared with the three traditional methods of intellectual property damages.And the imbalance between punitive damages and statutory damages after the introduction of the separate law.In other words,in the application of intellectual property compensation,there has always been a high statutory compensation.Comb the practice and theory,and analyze the reasons why statutory compensation is more applicable.It is proposed that the implementation of the Civil Code needs to accurately position the statutory compensation,change the status quo of more applicable statutory compensation,and appropriately expand the application of punitive damages,and adopt a comprehensive calculation method combining the calculation of punitive damages with the calculation of statutory damages and the application of statutory compensation strictly following the statutory limit range to achieve the convergence of the two.Thus,it is beneficial to enrich the theoretical understanding of the characteristics of the intellectual property compensation system and promote the implementation of the punitive compensation system established by the civil Code in the practice of intellectual property.The first chapter mainly introduces the overview of the intellectual property compensation system.This paper defines the concept of statutory compensation,and further analyzes the statutory compensation and the traditional three compensation methods.The punitive damages are introduced in detail from three aspects: legislative example,theory and legitimacy.The legislative evolution of punitive compensation and statutory compensation is analyzed.Chapter two points out the status quo and problems of judicial application of statutory compensation and punitive compensation.The three problems are the high-frequency application of statutory compensation,the unbalance of the application of statutory compensation and punitive damages,and the divergence of the application of punitive damages.Chapter three analyzes the causes of the application of more statutory compensation.The analysis shows that the reasons for the more applicable statutory compensation are the choice of legal practice based on the characteristics of the intellectual property damage compensation system,the unclear function of the statutory compensation system,and the weak theory of punitive compensation itself.Chapter four discusses the theoretical perfection of the dual application of statutory compensation and punitive compensation.Aiming at the subjective and intentional elements of statutory compensation and the problem of breaking the upper limit,the author puts forward the viewpoints that the statutory compensation is both compensatory and punitive,the subjective and intentional elements should be retained,the legal upper limit should not be broken,and the accuracy of intellectual property damages should be diluted.In view of the base of punitive damages,this paper puts forward a view that does not include statutory compensation and retains the traditional three bases of compensatory calculation.The viewpoint that multiple of punitive damages needs to ensure the balance of interests is put forward.These views are demonstrated from the theoretical basis,judicial experience and extraterritorial law.In Chapter five,the author puts forward some suggestions on the connection between statutory compensation and punitive compensation.Under the premise of clarifying the function positioning of legal compensation,the applicable range of legal compensation should be strictly limited.The author puts forward the point of view that two different calculation rules of statutory compensation and punitive damages can be applied to the same case if the application of punitive damages is appropriately expanded.