Author(s)

Jialu Lin

Corresponding Author

Jialu Lin

ABSTRACT

Since the establishment of the intellectual property damage compensation system in China, statutory compensation has always been the method of compensation that the courts are keen to use in judicial practice. However, such compensation methods have not effectively protected the rights and interests of intellectual property rights, and intellectual property infringements are still in a high-risk situation. This paper intends to explore the necessity of the widespread application of the punitive damages system in the field of intellectual property protection in China, as well as the existing problems and solutions after the introduction of punitive damages system in the current Trademark Law.

KEYWORDS

Intellectual property, punitive damages, statutory compensation, trademark law