知识产权领域适用惩罚性赔偿责任刍议

Issues on Punitive Damages Responsibility Applied in Intellectual Property Rights Field

在普通法系,尤其是美国法中,惩罚性赔偿是一项重要的制度。目前我国法院多采用补偿性赔偿责任来确定侵权行为的赔偿范围。侵权责任的承担包括补偿性责任和惩罚性责任,由于知识产权领域的特殊性,除了适用补偿性赔偿责任之外,有必要引入惩罚性赔偿责任。但在适用惩罚性赔偿责任时,应该考虑适用范围、适用条件和赔偿数额。

In common-law system, especially in American law, the punitive damages responsibility is an important institution . At present, our country's courts always apply the punitive compensative damages responsibility to fix the range of responsibility of torts. Responsibility of torts includes compensative and punitive responsibility. Besides applying the compensative damages responsibility, it is important to introduce the punitive damages responsibility because of the particularity of intellectual property rights. When applying the punitive damages responsibility, it needs to think about the range,the condition,and the amounts.