The Research of Punitive Damages in Intellectual Property Infringement
|Course||Civil and Commercial Law|
|Keywords||Intellectual property rights Of punitive damages Compensatory damages Infringement|
Punitive damages system originated in the common law system, has been a quite important but it is also one of the most controversial system. The system not only the impact of the common law countries, even civil law countries, its impact is also popular, and it is our civil the legislative and China Law a new topic, it has to compensate the victims losses, punish and deter wrongdoing multiple function. From China's actual situation, today, has become increasingly prominent in the economic value of intellectual property, intellectual property infringement endless stream of intellectual property rights infringement cases, compared with the general tort cases there is a certain degree of particularity, simply applicable compensatory damages is not conducive to contain knowledge property rights infringement occurred, so it is necessary to learn from the experience of the outside countries and regions punitive damages system in the field of intellectual property infringement. Punitive damages system to break the principle of compensatory damages of reclaimed focused on punishment and containment of the infringer, the system established in China's intellectual property laws fairly reasonable and necessary, and economic efficiency. Of course, any kind of application of the system has its specific range, I believe that punitive damages must be clearly defined Protection Law applicable intellectual property infringement punitive damages should be limited to acts of willful and serious violations of intellectual property rights, our intellectual property field established statutory compensation system, punitive damages should be used as a necessary part of the statutory compensation system, to determine the amount of punitive damages in the range of statutory damages, and punitive damages and compensatory damages has close ties in determining both to maintain the proper ratio between the amount of compensation should. This paper is divided into four sections remove the introduction and conclusion. The first part of our intellectual property rights infringement damages Analysis. First clear dominant compensatory damages in intellectual property infringement damages. Then put forward on the basis of analysis of the punitive liability debate exists in the field of intellectual property the author own point of view in this regard, I believe that the field of intellectual property in China is embodied in the relevant provisions of the judicial interpretation of patent infringement compensation for punitive law bar does not expressly punitive damages yet to be clearly documented in legislative form as an institution. The second part is the necessity and feasibility analysis of China's IPR infringement field application of punitive damages. First, a simple analysis of the the academic viewpoints controversy on the field of intellectual property infringement whether punitive damages should apply. Then put forward my own view that punitive damages should apply reason, six demonstrated the necessity and feasibility of our punitive damages should be applied to the field of intellectual property infringement. The third part is a comparative study of extraterritorial intellectual property rights punitive damages. By comparative analysis of the advanced legislative models and experiences of extraterritorial countries and regions related to intellectual property protection and punitive damages system, our build punitive damages in cases of infringement of intellectual property rights system provides inspiration and reference. The fourth part is the specific build of our intellectual property rights infringement punitive damages system. First demonstrated punitive damages system may lead to the infringement of intellectual property related to the new issues, or can be overcome, or can be coordinated, or acceptable, in short, can be solved, they are not real problems. Then analyzed specifically how to design a comprehensive, reasonable punitive damages system rules, I think, in the field of intellectual property infringement applies punitive damages requires special elements, the first of the scope of application is limited to willful and serious violations of intellectual property rights behavior, followed by the application of punitive damages must be distributed under has been infringed request. Also the amount of punitive damages should be determined in the intellectual property rights within the statutory compensation, and in determining the amount of punitive damages, compensatory damages should maintain a reasonable relationship of proportionality.