著作权法与专利法中的“惩罚性赔偿”具有非惩罚性

The "Punitive Damages" with Non-Punitive Nature in Copyright Law and Patent Law

近年来,著作权法和专利法修订过程中尝试引入了"惩罚性赔偿",其作为一种加重赔偿,与我国传统遵循的填平原则冲突,对创新规则体系具有一定的误导性。鉴于此,论文研究分析了著作权法与专利法中"惩罚性赔偿"的非惩罚性在创新领域中的重要意义。

In recent years, "punitive damages" has been introduced in the process of the revision of Copyright Law and Patent Law revision. As a kind of aggravated compensation, it is misleading to the principle of innovation, which is in conflict with the principle of the traditional filling. In view of this, the paper studies the significance of the non-punitive penalty of "punitive damage" in the Copyright Law and the Patent Law in the field of innovation.