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With the rapid development of economic globalization and informatization, the value of intellectual property has become increasingly prominent. Correspondingly, the protection of intellectual property rights has been paid more and more attention. Since 2013, mainland China has gradually introduced the punitive damages system, which is originated from the common law, into the trademark law and other intellectual property laws.Recently, Article 1185 of the Civil Code of the People's Republic of China implemented on January 1, 2021, officially established the principle regulations on punitive damages in the field of intellectual property laws. In March of the same year, In order to refine the judicial application of punitive damages in civil cases of intellectual property, the Supreme People's Court issued judicial interpretation and guidance cases. This paper focuses on the legislative progress and judicial application of punitive damages in the field of intellectual property in mainland China. In the legislative part, this paper examines the historical evolution and existing effective specific provisions of the punitive damages system under the civil code and intellectual property laws. In the part of judicial application, it introduces and analyzes the content of judicial interpretation and guidance cases on the application of punitive damages, and makes statistical research on the existing punitive damages judgments from different points of view. On the basis of the aforementioned research on legislation and judicial application, this paper analyzes and summarizes the possible shortcomings of legislation, the current situation and problems of judicial application, then discusses how to balance punitive damages and statutory damages, and how to determine the corresponding relationship between the multiple of punitive damages and the severity of infringement. From above, this paper puts forward relevant suggestions in order to help the implementation of punitive damages system. |