中国商标侵权惩罚性赔偿制度的实践探究

Since the introduction of the punitive compensation system in the Trademark Law, it has become a hot topic in recent years. The intellectual property industry has been booming in recent years, and citizens' awareness of protecting intellectual property rights has also been increasing. In terms of legislation, China has completed the construction of the punitive compensation system for intellectual property rights. However, in the process of development, there have been some infringement problems, especially in the trademark infringement. Therefore, it is necessary to introduce punitive compensation system in trademark law. The introduction of the punitive compensation system in Trademark Law can effectively curb the occurrence of infringement and safeguard the interests of the obligee. However, according to the information collected in recent years, the author found that although the Trademark Law stipulates the punitive damages clause, the court rarely uses this clause in the trial, and most of them use the compensatory damages clause. The main reason is that the provisions in Article 63 of the Trademark Law are relatively rough and the conditions for identifying infringement are not specified in detail, which leads to disputes in many aspects. In particular, there are some prominent problems such as determining the compensation base, perfecting the procedural guarantee and confusing the legal compensation and punitive compensation. As a result, there are still many problems in the application of punitive damages clause in practical judges. The punitive compensation system takes punishment as its core function and restraining as its objective function, so it should be applied in priority under the situation of multiple legal responsibilities. It is necessary to grasp the constitutive elements of punitive compensation liability in judicial judgment. At the same time, correct use of calculation rules. This paper, starting from practice, based on the punitive damages system in recent years in practice, to explore the system in theory and practice of the existing problems, and according to some of the problems found some suggestions for improvement, to promote the improvement and update of the punitive damages system.