The Application of Punitive Damage in China From Intellectual Property Perspective
JI Lian-shuai;HE Ying;Harbin University;
Punitive damage is a very important remedial system in Anglo-American law system,whose function of punishment and deterrence is effective to strike IP infringement and protect the obligee 's lawful right. This system is included in "Trademark Act "( 2013),"Copyright Law"( exposure draft 2014),and "Patent Law"( exposure draft2015). However,how to apply is still not specific and clear. It is necessary to study the specific way of application in the domain of IP infringement to maximize its function of punishment and deterrence.