Practice Review and Improvement of the Judicial Application of the Punitive Compensation System for Copyright Infringement
Through the study of 294 judgments,it is found that since the implementation of the punitive compensation system for copyright infringement for more than two years,phenomena such as swing application,negative application,mechanical application and competitive application have emerged,showing such problems as inconsistent functional orientation,imbalance of costs and benefits,deviation in the scope of application,and difficulties in proof calculation.It is necessary to clarify the functional orientation in multiple dimensions,stimulate the applicability of the system,return the system to its appropriate scope of application,and overcome the bottleneck of proof calculation of the system.It is essential to fully and effectively utilize the punitive compensation system in the process of combating copyright infringement.
NETL
NSTL
万方数据
