Punitive Damages for Copyright Infringement in China: Application Practice, Theoretical Reflection and Optimisation Paths

Copyright protection has always been an important issue in development, and the Copyright Law amended in 2020 formally established a system of punitive damages ranging from 1 to 5 times, aiming at combating intentional infringement and aggravated acts. Through the analysis of the determination of ‘intentional infringement’ and ‘aggravating circumstances and the calculation of the amount in practice, it is found that the conditions for the application of punitive damages and the calculation of the amount are ambiguous. We analyses the principle provisions and specific application of punitive damages in terms of jurisprudence, and try to optimize the practice path of punitive damages by means of supplementary legislation and judicial empowerment.