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By Li Zhijun (Management World Magazine of DRC) & Xing Xiaoqiang (University of International Business and Economics)

Research Report No 28, 2015 (Total 4713)

Abstract:

Punitive damages to infringement of intellectual property rights constitute a major part of modern intellectual property protection system, functioning as compensation, sanction, deterrent and caution. Foreign countries' attitudes and ways to punitive damage to infringement of intellectual property rights vary from country to country among which the U.S., Canada, the UK, Germany and France are quite typical, whereas in China the punitive damages system of infringement of intellectual property rights cannot satisfy the needs of development driven by innovation. We should be aware of the unique function of punitive damages in remedying violation of intellectual property rights, inspiring knowledge innovation and encouraging economic and social development, and build our own punitive damages system of infringement of intellectual property rights. The legislative and judicial practice in foreign countries has provided us with some beneficial enlightenments and references.