Study on the Dilemma and Improvement of the Punitive Damages System for Intellectual Property Rights

Abstract

With the improvement and optimization of the Civil Code in recent years, legislation governing the punitive damages system for intellectual property rights have become more consistent. The establishment of Article 1185 of the Civil Code ensures that the system of intellectual property punitive damages develops thoroughly, reflecting China's strong punishment of intellectual property infringement and the maintenance of obligees. Furthermore, the adoption of the Outline for Building a Powerful Intellectual Property Country (2021-2035) has set defined development goals for legislative action and has caused the legal system in the field of intellectual property to evolve in a more ideal path. However, due to the current state of imprecise research, there are various issues in judicial application that have caused complications for the relevant parties. As a result, from the standpoint of protecting intellectual property owners' interests, this paper undertakes the goal of building a strong intellectual property country and ensuring the high-quality development of innovative countries, and summarizes some shallow suggestions on clarifying the application of punitive damages and perfecting the litigation proof system.