Legal basis: According to Article 1 of the Interpretation on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights, if the plaintiff claims that the defendant intentionally infringes the intellectual property rights he enjoys according to law and the circumstances are serious, and requests the defendant to bear punitive damages, the people's court shall examine and deal with it according to law. Intention as mentioned in this interpretation includes malice as stipulated in the first paragraph of Article 63 of the Trademark Law and the third paragraph of Article 17 of the Anti-Unfair Competition Law. According to Article 3 of the Interpretation on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights, the people's court shall comprehensively consider the types of infringed intellectual property rights, the status of rights and the popularity of related products, as well as the relationship between the defendant and the plaintiff or interested parties. Under the following circumstances, the people's court may preliminarily determine that the defendant has intentionally infringed intellectual property rights: (1) The defendant continues to commit infringement after being notified and warned by the plaintiff or interested party; (2) The defendant or his legal representative or manager is the legal representative, manager or actual controller of the plaintiff or interested party; (3) There are labor, labor, cooperation, licensing, distribution, agency and representative relationships between the defendant and the plaintiff or interested parties, and they have been exposed to the infringed intellectual property rights; (4) The defendant has business dealings with the plaintiff or interested parties, or has negotiated for the conclusion of a contract, and has been exposed to infringed intellectual property rights; (5) The defendant has pirated or counterfeit registered trademarks; (six) other circumstances that can be identified as intentional. According to Article 4 of the Interpretation on the Application of Punitive Compensation in the Trial of Civil Cases of Infringement of Intellectual Property Rights, the people's court shall comprehensively consider the means and times of infringement, the duration, geographical scope, scale and consequences of infringement, and the behavior of the infringer in the litigation. If the defendant has one of the following circumstances, the people's court may consider the circumstances to be serious: (1) He commits the same or similar infringement again after being subjected to administrative punishment for infringement or being held accountable by the court; (2) Infringement of intellectual property rights; (3) Forging, destroying or hiding evidence of infringement; (4) Refusing to perform the preservation ruling; (five) the infringement gains or the obligee suffers huge losses; (six) the infringement may endanger national security, public interests or personal health; (seven) other circumstances that can be identified as serious.