Author(s)

Xing Chenyue ¹

Affiliation(s)

¹ China Jiliang University, Hangzhou, China

Corresponding Author

Xing Chenyue

ABSTRACT

In April 2022, the Higher People's Court of Beijing issued the "Guidelines for the Trial of Civil Cases Involving Infringement of Intellectual Property Rights Applying Punitive Damages", further clarifying the application rules of punitive damages in the field of copyright. However, with the improvement of awareness of intellectual property protection in China, the number of copyright infringement cases (especially concealed and complex infringement acts in the online environment) has continued to rise, and the system still faces many application difficulties. Specifically, the core issues include three aspects: first, the difficulty in calculating punitive damages, as the determination of the base amount and multiple is affected by multiple factors; second, the confusion in the application of statutory compensation and punitive damages, with the scope of application of statutory compensation being too broad; third, the risk of right holders abusing this compensation system. In this regard, in individual cases, measures such as optimizing the sequence for confirming the compensation base, reducing the difficulty of calculation and the claimant's burden of proof, establishing a multiple weight system to clearly delineate the scope of application between statutory damages and punitive damages, and establishing a pre-litigation qualification review system while safeguarding the infringer's right of defense shall be adopted to prevent the abuse of the system.

KEYWORDS

Copyright Protection; Statutory Compensation; Punitive Damages

CITE THIS PAPER

Xing Chenyue. The Application of Punitive Damages System in the Field of Copyright. Science of Law Journal (2025) Vol. 4: 1-8. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040601.

REFERENCES

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