China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Interpretation on the Application of Punitive Damages in the Trial of Civil Cases of Intellectual Property Infringement(2021)

Thu, 05 Aug 2021
Categories: Insights

Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Civil Cases of Intellectual Property Infringement was adopted on 7 Feb. 2021, and entered into force on 3 Mar. 2021.

There are 7 articles in total. The Interpretation aims to improve the punitive damages system for intellectual property rights and strengthen the protection of intellectual property rights.

The key points are as follows:

  1. The plaintiff requesting punitive damages shall specify the amount of damages, the calculation method, and the facts and grounds on which the request is based when filing the lawsuit.

  2. When determining the amount of punitive damages, the people’s court shall take the amount of actual loss of the plaintiff, the amount of illegal income of the defendant, or the benefits obtained from the infringement as the calculation base separately according to the relevant laws. Where it is difficult to compute the amount of actual loss, the amount of illegal income and the benefits obtained from the infringement, the people’s court shall reasonably determine the amount with reference to the multiple of the right’s royalties in accordance with the law, and make the amount as the calculation base for the amount of punitive damages.

  3. When determining the multiple of punitive damages in accordance with the law, the people’s court shall take full account of factors such as the degree of subjective fault of the defendant and the seriousness of the infringement.

 

 

Cover Photo by Marcellin Bric (https://unsplash.com/@marcellin) on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

Thus Spoke Chinese Judges on Cross-border Service of Process: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (2)

The 2023 Civil Procedure Law adopts a problem-oriented approach, addressing difficulties in the service of process for foreign-related cases by expanding channels and shortening the service by publication period to 60 days for non-domiciled parties, reflecting a broader initiative to enhance efficiency and adapt legal procedures to the complexities of international litigation.

China Amends Conscription Work Regulation

On 1 Apr. 2023, China’s State Council and Central Military Commission jointly promulgated the revised “Regulation on Conscription Work” (征兵工作条例).

Juvenile Criminal Records Sealing System in China

Under Chinese criminal laws, where a juvenile has reached 18 when committing a crime and is sentenced to fixed-term imprisonment of five years or a lighter punishment, the criminal records concerned shall be sealed for preservation.