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
Tag: Punitive damages
To Punitive Damages by Sending Lawyer’s Letter
In protecting intellectual property rights in China, the effect of a lawyer’s letter is generally limited. Lawyer letters have also been sent with caution because they can have unpleasant side effects. They can not only trigger aggressive countermeasures from the recipient, but also damage the legitimate rights and interests of the opponent, triggering unfair competition… Continue reading To Punitive Damages by Sending Lawyer’s Letter
New Regulation in Patent Law
China strengthens the interests and rights of patent owners, including punitive damages and provisions on abuse of patent rights. In current judicial practice, due to the non-substantive examination for utility model and design applications, malicious applicants apply for and are eventually granted patents that do not meet patent requirements. These malicious applicants then use their… Continue reading New Regulation in Patent Law
The New Civil Code of the PRC and Intellectual Property
The new Civil Code of the PRC, which will come into force on 1 January 2021, consolidates and elaborates some existing laws. It does not have a dedicated IP part, so the lex specialis such as the Patent Law, Trademark Law, Unfair Competition Law and Copyright Law will remain in force. What is the impact… Continue reading The New Civil Code of the PRC and Intellectual Property
Repeated trademark infringement: High punitive damages in China
Shanghai has a new precedent: The court in Pudong, within the framework of a trademark infringement lawsuit, for the first time imposed the maximum possible punitive damages of 3 million RMB at the time of the judgement, which corresponds to almost 390,000 EUR.almost 390,000 EUR. As of December 1, 2019, the statutory punitive damages will… Continue reading Repeated trademark infringement: High punitive damages in China
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