专利侵权惩罚性赔偿的法经济学分析

Law and Economics Analysis of Punitive Compensation for Patent Infringement

专利侵权行为的负外部性为专利权人带来了额外成本,如果仍然坚持填平式损害赔偿,会助长专利侵权之风盛行,不利于我国专利权的保护,不利于实现社会整体的经济效益。专利侵权惩罚性赔偿制度的引入有其必要性,有助于解决侵权行为的外部性问题,能够通过增加违法成本威慑潜在侵权人,额外的赔偿还能激励专利权人积极维权与研发,同时辅以专利侵权人相匹配的制裁。但专利侵权惩罚性赔偿制度在适用方面存在一些问题,还需进一步出台配套细化规定,力求实现该项制度的效益最大化。

The negative externality of patent infringement has brought additional costs to the patentee. If we still insist on filling in damages, it will encourage the prevailing trend of patent infringement, which is not conducive to the protection of patent rights in my country, and is not conducive to the realization of overall social economic benefits. The system of punitive damages for patent infringement not only helps to solve the externality of the infringement, but also deter potential infringers by increasing the cost of illegality. The additional compensation will encourage the patentee to actively defend their rights and actively research and develop. The matching sanctions enable it to develop the economy down to earth. The introduction of the punitive damages system for patent infringement is necessary, but at the same time there are many problems in its application. Therefore, it is necessary to further introduce supporting and detailed regulations to maximize the benefits of the system.