Research on the Application of Civil Punitive Damages for Trademark Infringement in China

Abstract

Civil punitive damages is a new system introduced into China’s trademark legislation, aiming to increase the cost of infringement and illegal acts and exert the deterrent effect of judicial punishment. However, the current system faces problems such as ambiguous application requirements and inconsistent calculation standards in judicial practice, leading to frequent occurrences of “different judgments for the same case”. This study, through theoretical analysis and judicial practice investigation, systematically reviews the application status and difficulties of civil punitive damages for trademark infringement, and innovatively introduces the “dynamic system theory” as a reference method for determining the amount of compensation. The research finds that clarifying the standards for determining “malice” and “serious circumstances” and standardizing the calculation method of the compensation base are the keys to activating this system. This paper provides theoretical support and practical paths for improving the judicial application of civil punitive damages for trademark infringement in China.