Research On The Application Of Punitive Damages In Patent Infringement

The new Patent Law first introduced the punitive damages system for patent infringement in the first paragraph of Article 71.Its legal application faces not only the common problems of the punitive damages system for intellectual property rights,but also the unique challenges due to the uniqueness of patent disputes.In the process of applying punitive damages for patent infringement,we can actively learn from the rich judgment experience accumulated in the application of punitive damages in the “infringement of trade secrets” clause of my country’s Trademark Law and Anti-Unfair Competition Law,to solve punitive damages for intellectual property infringement common problems.On this basis,it is necessary to closely combine the characteristics of patent rights and infringement disputes and conduct targeted research on the application requirements and compensation amount of the system.On the one hand,this thesis traces its origin in theory,sorts out the meaning,legal features and theoretical achievements of the punitive damages system,in order to clarify the basis and focus of the punitive damages system;on the other hand,it conducts empirical research on the basis of judicial cases in the patent field and other intellectual property fields to explore the application of punitive damages,combined with judicial interpretations of punitive damages and typical cases,and summarizes the commonalities of legal application of my country’s intellectual property punitive damages system.In the process of law,it integrates the individual issues of patent rights and infringement lawsuits,and draws on relevant experience outside the territory,and puts forward suggestions on the accurate understanding and application of punitive damages for patent infringement.In terms of the applicable requirements,"intentional" in the context of punitive damages should be understood in a consistent manner with "malicious",including direct intentional and indirect intentional;specific cognitive criteria should be adhered to identify intentionality and the defense role of legal advice should be reasonably utilized;"serious circumstances" should be combined with tort,Comprehensively judge the damage consequences and the performance of the infringer in the lawsuit,and reasonably grasp the relationship and distinction between the subjective and objective elements to ensure the independent value of "serious circumstances".In terms of the amount of compensation,the compensation base should be based on the highest principle of accurately reflecting the actual loss,flexible use of three compensation bases and discretionary compensation,excluding statutory compensation and reasonable expenses;the determination of the penalty multiple should be continuously refined in conjunction with judicial practice,and active exploration Quantitative calculation;the calculation of the total compensation shall be based on "compensation base + compensation base penalty multiple".