我国商标侵权惩罚性赔偿制度的适用及完善

Application and Improvement of Punitive Damages for Trademark Infringement in China

摘要: 商标侵权惩罚性赔偿制度在我国已经实施了八年多，商标侵权案件日渐增加，案件复杂程度也不断增加，与之相反的是，惩罚性赔偿的使用率很低，并未真正发挥出该制度的作用。如何唤醒“沉睡”的惩罚性赔偿制度，让其回归正轨，发挥其打击商标侵权行为、优化市场营商环境的作用，需要从司法适用的难点出发，把握好“恶意”与“情节严重”的内涵，运用科学的计算方法进行赔偿数额的计算，同时厘清商标侵权中惩罚性赔偿与法定赔偿的界限，避免泛化适用惩罚性赔偿。

Abstract: The punitive damages system for trademark infringement has been implemented in China for more than eight years, and the number of trademark infringement cases has been increasing, and the complexity of the cases has also been increasing. On the contrary, the usage rate of punitive dam-ages is low, and the system has not really played its role. How to wake up the “sleeping” punitive damages system, bring it back to the right track, play its role in combating trademark infringement and optimizing the market business environment, it is necessary to start from the difficulties of ju-dicial application, grasp the connotation of “malice” and “circumstances serious”, apply scientific calculation methods to calculate the amount of compensation, and at the same time clarify the boundary between punitive damages and statutory damages in trademark infringement, so as to avoid the generalized application of punitive damages.