商标侵权惩罚性赔偿的现状及反思

The Status Quo and Reflection of Punitive Compensation for Trademark Infringement

商标侵权惩罚性赔偿制度规定在我国《商标法》第63条第1款,新《商标法》施行近4年来,商标侵权惩罚性赔偿的具体适用及其对司法实践的影响越来越受到重视。通过对中国裁判文书网上111份有效判决书梳理研究,发现司法实践中对惩罚性赔偿条件即"恶意"及"情节严重"认定不清;惩罚性赔偿与法定赔偿关系不明。故在此基础上,探究惩罚性赔偿中"恶意"和"情节严重"的具体认定以及惩罚性赔偿与法定赔偿的关系。

The punitive damages system for trademark infringement is written in the 1st of Article 63 of China's Trademark Law. Since the new Trademark Law was applied nearly four years ago, the application of punitive damages for trademark infringement and its influence on judicial practice have received more and more attention. Through a review of 111 valid judgments on the Chinese refereeing documents, it is found that the defining of punitive damages conditions in the judicial practice, namely "maliciousness" and "serious offense", is unclear;The relationship between punitive damages and statutory compensation is unstated. Therefore, on this basis, the paper aims at exploring specific identification of "maliciousness" and "serious offense" in punitive damages and the relationship between punitive damages and statutory compensation.