Calculating punitive damage multiplier in intellectual property cases: An empirical study and the enhanced model.

ABSTRACT: 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 m

SUBMITTER: Shang J 

PROVIDER: S-EPMC11844832 | biostudies-literature | 2025

REPOSITORIES: biostudies-literature