Media: raise the cost of breaking the law, protect original with punitive damages

category:Society
 Media: raise the cost of breaking the law, protect original with punitive damages


The State Council Press Office held a press conference on 2017 to introduce the status of intellectual property development in China in 2017. Shen Changyu, director of the State Intellectual Property Office, said that in 2017, the quality of intellectual property in China was rising and the protection of intellectual property was more stringent. Next, we should accelerate the establishment of the system of tort punitive damages by re establishing the State Intellectual Property Office and modifying the patent law as an opportunity. The so-called punitive damages, also known as exemplary or retaliatory damages, refers to the amount of compensation made by the court beyond the actual amount of damages. Punitive damages system is not too strange for many Chinese people. In Chinas legal provisions, the punitive damages system first appeared in the Consumer Rights Protection Act promulgated in 1993. Since then, the food safety act, promulgated in 2009 (revised in 2015), has increased the amount of punitive damages to ten times. The law on liability for tort, promulgated in 2009, has also explicitly used the word punitive damages in the relevant law articles, which stipulates that the infringer can claim punitive damages for the damage caused by the quality of the product. In the legislation of intellectual property rights, the trademark law takes the lead in stipulating punitive damages. The trademark law is the first legislation in the field of intellectual property in China. It has been thirty-six years ago. Perhaps, it is a little regrettable that, compared to the punitive damages in the above regulations, the punitive damages in the patent law and the copyright law have been ignored in the two other important laws and regulations in the field of intellectual property rights. This directly leads to the fact that many intellectual property rights holders are seriously infringed in the field of intellectual property protection in China, but often they can only sigh and have no alternative. The low cost of illegal operation and the limited amount of infringement compensation will also make the offenders unscrupulous and seriously damage the power of innovation. Because the amount of compensation is too low, it is not uncommon for the infringer even if the defendant is not satisfied with the court. For example, some writers become famous people by copying others works and get huge returns. However, in tort cases, the amount of compensation paid to the original author is very poor. This is not only serious damage to the rights of the original, it is rather unfair, but also to allow the offenders to disdain the laws and regulations, without fear of being accused, and then again and again three through plagiarism. Over time, plagiarism was even downgraded by many people as a moral issue rather than a law. In the field of technological innovation, it is also the phenomenon that some big companies have plagiarized the creativity of start-ups without making any effort to make small entrepreneurs lose their blood. These chaos will also create a sense of weakness in the rule of law for the public, and contribute to the unhealthy trend of success can be done by any means. Therefore, in recent years, both academia and the legal profession have been calling for the establishment of punitive damages system for intellectual property rights. At the two sessions this year, Premier Li Keqiang also stressed in the government work report that we should strengthen the protection of intellectual property rights and implement the system of tort punitive damages. In fact, from the experience of foreign countries, many countries with developed market economy have established a punitive compensation system very early. Once they are identified as plagiarism and unjust enrichment, they tend to pay high costs and even lose their name. It should be said that the protection of intellectual property rights in China has become more and more stringent over the years, and the network of intellectual property rights protection and reporting and complaint has also covered most areas of the country. However, considering the domestic and international situation of intellectual property protection, the strong dependence of the development of market economy on the progress of the rule of law and the objective needs of foreign economic and trade cooperation and scientific and technological exchange, the further increase of intellectual property rights protection and the establishment of punitive damages system for intellectual property rights infringement should be said to be of great urgency.