Legal subjectivity:

What are the relevant provisions on punitive damages for trademark infringement? The detailed answer to this question is as follows: The provisions of the "Trademark Law" on the punitive damages system are mainly reflected in Article 63, that is, “The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement; If the losses or benefits obtained by the infringer are difficult to determine, the amount of compensation may be determined based on a multiple of the trademark license fee. If the case is a serious infringement of the exclusive right to use the trademark, the amount of compensation may be determined between one time and three times the amount determined according to the above method. . The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement." It can be seen that in order to apply punitive damages for trademark infringement, three conditions need to be met: first, the infringer is subjectively "malicious"; second, the infringement circumstances are objectively "serious"; third, the calculation method It is a reasonable multiple of the rights holder's losses, the profits gained by the infringer, or the license fee multiplied by an appropriate coefficient between 1 and 3. Legal objectivity:

Article 1,207 of the "People's Republic of China and Civil Code" knowingly knowing that a product is defective still produces or sells it, or fails to take effective remedial measures in accordance with the provisions of the preceding article, causing the death of another person or serious damage to health, the infringed party has the right to request corresponding punitive damages. Article 1,202 of the "People's Republic of China and Civil Code": If a defect in a product causes damage to others, the producer shall bear tort liability.