Trademark squatting and trademark hoarding have long been a troublesome problem for many foreign companies in China. Now, a breakthrough has been made in Chinese IP jurisprudence: Trademark rights holders can sue for unfair competition against trademark applications filed in bad faith and obtain injunctive relief and damages. One precedent is the case of Emerson… Continue reading Fighting Trademark Squatting as Unfair Competition
Tag: damages
Intentional and Punitive Damages in IPR Infringement
Punitive damages are applicable in all areas of IPR infringement and have been steadily improving in PRC legislation in recent years. It is also part of the latest Five-Year Plan through the government’s stated goal of establishing a comprehensive IPR infringement compensation system. The Judicial Interpretation of Punitive Damages for Intellectual Property Rights to Punish… Continue reading Intentional and Punitive Damages in IPR Infringement
Increased Compensation in IPR Infringement Cases
Tailwind for China’s entrepreneurs: The Supreme People’s Court has released a document that protects the property rights of entrepreneurs and strengthens their autonomy concerning management issues. The Circular on Creating a Favorable Legal Landscape to Facilitate Innovation and the Start-Up of Entrepreneurs by Leveraging the Adjudicatory Function of the Court also includes the protection of… Continue reading Increased Compensation in IPR Infringement Cases
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