With the continuous improvement of legislation,the punitive damages system has been fully covered in the field of intellectual property.At the theoretical level,punitive damages are different from traditional tort damages,which focus more on punishing and deterring intentional or malicious infringement.At the practical level,the probability of courts applying punitive damages in the years following the establishment of the mechanism is extremely low.An analysis of the reasons for this reveals that,in addition to the subjective reasons of the judges,the lack of clarity of the objective guidelines is the main problem.Thus,the existing cases of punitive damages were analysed to clarify the legal basis for their application and to identify the constituent elements,and the subjective constituent element"intentional"and objective constituent element"seriousness of the circumstances"were summarised,and it was found that there were a large number of cases where the subjective and objective elements were crossed in practice.The practice should not be overly split between subjective and objective elements.In practice,the subjective and objective elements should not be overly fragmented and should be applied flexibly in conjunction with judicial interpretations.
关键词
惩罚性赔偿/知识产权侵权/适用要件
Key words
Punitive Damages/Intellectual Property Infringement/Applicable Elements
维普
万方数据