Abstract:China has established a punitive rule system for intellectual property protection, comprising administrative penalties, criminal liability, and punitive damages. Whether and how to apply the punitive damages system for infringements on intellectual property rights should be systematically considered within the framework of such punitive rules. The core issue is to determine what normative value punitive damages hold in comparison to administrative penalties or criminal liability. From a historical and systemic perspective, punitive damages should occupy a supplementary punitive position in the punitive rule system of intellectual property protection. If the same illegal act satisfies both the elements of public law liability and punitive damages liability, the mandatory nature of the implementation of public law liability gives it a priority legal status compared to the private law autonomy of punitive damages. The supplementary punitive status of punitive damages is mainly reflected in situations where there are legislative deficiencies, normative limitations, or ineffective implementation of public law liabilities. Establishing a comprehensive case handling and coordination mechanism among courts, procuratorates, and relevant administrative agencies is a fundamental condition for the effectiveness of punitive damages.

Keywords: intellectual property protection; punitive damage; punitive rule; administrative penalty; criminal liability

 

Author:Zhu Guangxing, research fellow CASS Institute of Law; doctoral supervisor, Law School of the University of CASS;

Source:6 (2025) China Journal of Applied Jurisprudence.