Abstract: | Through an empirical study on 11984 judicial cases of IPR infringement in China, it is found that the average amount of compensation in the infringement of IPR is still low, and the abuse of "statutory compensation" has not changed. "Punitive damages" has appeared in judicial practice, but the application rate is very low. However, we cannot simply draw the conclusion of "low compensation" on the basis of the average amount of compensation. In-depth analysis found that a large number of batch cases, especially cases of commercial litigation, has a significant impact on the statistical results. The extra-judicial factors such as the overburdens of IPR cases and the institutional reasons should also not be neglected. It is suggested to restrict commercial litigation, establish evidence discovery system, clarify evidence rules and compensation calculation methods, limit the application of statutory compensation and cancel the statutory compensation limit, strengthen the application of punitive damages. |