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Questioning the Punitive Damages Introduced into Intellectual Property law in China

Tan Jia-ying

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Abstract

The essence of the punitive damages is that the damages the right owners received or obtained is larger than their loss,which can only exist as an exception and supplementary to the principle of compensation.The principle of full compensation which is established by damages of intellectual property infringement of existing laws of our country is not only consistent with the basic principles of civil law,but also meets the standards of protection under the TRIPS Agreement.There is no obligation and necessity to introduce punitive damages into intellectual property law in China.

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What this paper is about

The essence of the punitive damages is that the damages the right owners received or obtained is larger than their loss,which can only exist as an exception and supplementary to the principle of compensation.The principle of full compensation which is established by damages of intellectual property infringement of existing laws of our country is not only consistent with the basic principles of civil law,but also meets the standards of protection under the TRIPS Agreement.There is no obligation and necessity to introduce punitive damages into intellectual property law in China.

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Available abstract

The essence of the punitive damages is that the damages the right owners received or obtained is larger than their loss,which can only exist as an exception and supplementary to the principle of compensation.The principle of full compensation which is established by damages of intellectual property infringement of existing laws of our country is not only consistent with the basic principles of civil law,but also meets the standards of protection under the TRIPS Agreement.There is no obligation and necessity to introduce punitive damages into intellectual property law in China.

Key concepts: Punitive damages, Damages, Intellectual property, China, Compensation (psychology), Law, Obligation, TRIPS Agreement

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