§72(3) of the Amendment of Chinese Copyright Law break the traditional compensation concept of civil law through establishing its punitive damages regime in China at first time. When applying the two or three times damages in the Amendment, one shoul...
§72(3) of the Amendment of Chinese Copyright Law break the traditional compensation concept of civil law through establishing its punitive damages regime in China at first time. When applying the two or three times damages in the Amendment, one should integrate the experiences of other countries with their own needs for the copyright protection, such as considering the infringer`s reprehensible degree and financial situation, the actual losses and the amount of statutory damages, other pecuniary sanctions related to copyright, in order to balance the interests between knowledge acquisition, freedom of expression and technical innovations.