Calculating punitive damage multiplier in intellectual property cases: An empirical study and the enhanced model

What is it about?

This paper empirically studies the relationship between the punitive damages multiplier and various factors in China's intellectual property rulings. Punitive damages can be broadly divided into subjective and objective factors, although the specific factors involved are numerous. So, how do these factors influence the final damages multiplier? This paper attempts to uncover the inherent patterns between these factors and construct a reasonable formula to reveal their interrelationships.

Featured Image

Photo by Markus Winkler on Unsplash

Photo by Markus Winkler on Unsplash

Why is it important?

Many parties believe that the punitive damages multiplier is determined by the judge, and that the judge has too much discretion in this regard. When faced with a case, judges often don't know how to exercise their discretion effectively. This study aims to address this issue.

Perspectives

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This article was co-authored by four individuals from different cities and fields. We spent nearly three years working on it, and through this process, I came to appreciate the fascinating aspect of interdisciplinary research. More importantly, I am grateful that this research has ultimately gained your recognition.

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