Author(s)

Bai Xue ¹

Affiliation(s)

¹ China Jiliang University, Hangzhou, China

Corresponding Author

Bai Xue

ABSTRACT

With the development of science and technology, the phenomenon of copyright infringement is becoming more and more common and diversified. Especially in the field of the Internet, the means of copyright infringement are hidden and the proof is difficult, which brings new challenges to the judicial protection of copyright. The "Copyright Law" revised in 2020 introduces a punitive compensation system, which significantly increases the punishment of copyright infringement and is conducive to the formation of a unified approach to intellectual property protection. However, in judicial practice, there are still problems and disputes in the application of the punitive compensation system for copyright infringement. In this regard, we should clarify the applicable conditions of punitive damages for copyright, and clarify the criteria for determining ' subjective intent ' and ' serious circumstances '; optimize the calculation method of punitive damages; clarify the boundary between punitive damages and statutory damages.

KEYWORDS

Punitive Damages; Compensation Base; Legal Compensation

CITE THIS PAPER

Bai Xue. Research on Judicial Application of Punitive Damages System for Copyright Infringement. Science of Law Journal (2025) Vol. 4: 119-125. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040517.

REFERENCES

[1] Huang Xijiang. The theoretical origin and judicial application of punitive damages in intellectual property rights [J]. Jinan Journal (Philosophy and Social Sciences Edition), 2024,46 (02): 107-125. (In Chinese)
[2] [Eng] Walker. The Oxford Dictionary of Law [M]. Li Shuangyuan and other translations. Beijing: Law Press, 2003: 1158.
[3] Bryan A. Garner,Black's Law Dictionary(Ninth Edition)[M]. Thomson Reuter,2009:44.
[4] Wu Handong. The private law basis and judicial application of punitive damages for intellectual property rights [J].Legal Review, 2021,39 (03): 21-33. (In Chinese)
[5] Zou Yi, Chen Qianjin. The operation mechanism and optimization path of punitive damages system for copyright infringement [J].Published in China, 2024, (10): 53-59.(In Chinese)
[6] Su Zhifu. On the goal, positioning and judicial application of China's intellectual property punitive compensation system [J].China Applied Law, 2021, (01): 132-145. (In Chinese)
[7] Xu Xiaoben, Li Junshu. On the unification of the applicable standards of punitive damages for copyright infringement-An empirical analysis based on 687 judgment documents [J].Technology and Law (Chinese and English), 2024, (05): 77-89.(In Chinese)
[8] Yao Jianjun. Research on the application of punitive damages system for intellectual property infringement [J].Electronic Intellectual Property, 2025, (06): 86-95.(In Chinese)

Sponsors, Associates, and Links

---

• Journal of Language Testing & Assessment
  
  
• Information and Knowledge Management
  
  
• Military and Armament Science
  
  
• Media and Communication Research
  
  
• Journal of Human Movement Science
  
  
• Art and Performance Letters
  
  
• Lecture Notes on History
  
  
• Lecture Notes on Language and Literature
  
  
• Philosophy Journal
  
  
• Journal of Political Science Research
  
  
• Journal of Sociology and Ethnology
  
  
• Advances in Broadcasting