Analysis of the Determination of Subjective Intent of Punitive Damages for Intellectual Property Infringement
In the Civil Code,"intent"and"aggravating circumstances"are taken as one of the elements for the application of punitive damages for infringement of intellectual property rights.However,there is no uniform and specific standard on how to determine"intent"in judicial practice,and the concept of"intent"is vague and difficult to prove.In order to balance the interests of all parties,it is necessary to clarify the criteria for determining subjec-tive intent,make clear the relationship between"intent"and"malicious intent",and limit the scope of application of punitive damages in the field of intellectual property.Clarifying the determination of subjective"intent"of punitive damages for intellectual property infringement can not only provide a reasonable basis for the application of punitive damages for intellectual property infringements,but also can improve the system of punitive damages for infringe-ments of intellectual property rights.
infringement liabilitypunitive damagessubjective intentintellectual property rights
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