S2 Table -

<div> The application of punitive damages in intellectual property cases in China has encountered notable deficiencies within the judicial context. These deficiencies, including a limited range of applicability, frequent recourse to statutory damages, difficulties in ascertaining the appropriate damages base, and a marked reliance on subjective factors in calculating multipliers, undermine judicial consistency and fairness. In this study, we conducted a comprehensive quantitative analysis by selecting 79 pertinent judgments from a dataset of 3,478 intellectual property rulings. Initially, we developed a multiple linear regression model to assess punitive damages. Upon encountering negative estimated coefficients, we improved the model to a Beta Generalized Linear Model. The efficacy of the new model was validated through an improved R-squared value compared to the original model and by analyzing an additional 45 cases. Both models highlight the scope of infringement and the reputation of intellectual property assets as critical variables. They suggest that wider infringements lead to greater economic penalties and emphasize the significant market value and potential financial losses of intellectual property. Significantly, this study represents a pioneering initiative in China, establishing a model to assist in the legal determination of punitive damages in IP cases. </div>

Publication Details

Journal
Figshare
Published
2025-02-21
DOI
https://doi.org/10.1371/journal.pone.0308447.s002
Primary Topic
Communism, Protests, Social Movements
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

S2 Table -

Figshare
Communism, Protests, Social Movements
article

S2 Table -

article en

Abstract

<div> The application of punitive damages in intellectual property cases in China has encountered notable deficiencies within the judicial context. These deficiencies, including a limited range of applicability, frequent recourse to statutory damages, difficulties in ascertaining the appropriate damages base, and a marked reliance on subjective factors in calculating multipliers, undermine judicial consistency and fairness. In this study, we conducted a comprehensive quantitative analysis by selecting 79 pertinent judgments from a dataset of 3,478 intellectual property rulings. Initially, we developed a multiple linear regression model to assess punitive damages. Upon encountering negative estimated coefficients, we improved the model to a Beta Generalized Linear Model. The efficacy of the new model was validated through an improved R-squared value compared to the original model and by analyzing an additional 45 cases. Both models highlight the scope of infringement and the reputation of intellectual property assets as critical variables. They suggest that wider infringements lead to greater economic penalties and emphasize the significant market value and potential financial losses of intellectual property. Significantly, this study represents a pioneering initiative in China, establishing a model to assist in the legal determination of punitive damages in IP cases. </div>

Figshare
Peace, Justice and strong institutions
Openalex Percentile: Top 45%
Communism, Protests, Social Movements
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.