Compensation for punitive damages and its applicability in the context of Vietnamese intellectual property law

Abstract

Compensation for punitive damages is the principle applied in many countries around the world. However, in Vietnam, this principle is not recognized in civil liability in general as well as in intellectual property in particular. The article analyzes the theoretical and practical basis of the punitive damage compensation principle, the applicability of the principle in intellectual property law. From those analysis, the article outlines a number of recommendations to amend the intellectual property law to enhance deterrence and to prevent infringement by applying the principle of compensation for punitive damages.