TITLE:
Extraterritorial Experience with Intellectual Property Punitive Damages
AUTHORS:
Yujiao Tang
KEYWORDS:
Intellectual Property, Punitive Damages, Comparative Law
JOURNAL NAME:
Open Journal of Social Sciences,
Vol.10 No.12,
November
16,
2022
ABSTRACT: The
punitive damages system originated in the United Kingdom and has been widely
developed in the United States. In view of the serious problem of intentional
and repeated infringement of intellectual property rights in China, the Civil
Code and relevant laws in the field of intellectual property rights have fully
introduced a punitive compensation system. However, the application time of
punitive damages for intellectual property rights is short, and various
problems still exist in judicial practice. Through learning and drawing on the
experience of the application of punitive damages for extraterritorial
intellectual property rights, we hope to provide a reference for China’s
judicial practice. Through comparative law research, it is clear that the
principle of prudence and modesty, reasonableness and proportionality of
intellectual property punitive damages in China should be followed. The
subjective application of the elements shall satisfy the subjective
recklessness standard. The objective application requirements shall meet
general and dynamic rules. The amount of damages shall be subject to the system
of presumption and nominal loss.