China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Beijing Court Issues Guidelines on Application of Punitive Damages in Trial of Intellectual Property Cases

Mon, 13 Jun 2022
Categories: China Legal Trends

On 25 Apr. 2022, Beijing High People’s Court issued the “Guidelines on the Application of Punitive Damages in the Trial of Intellectual Property Infringement Civil Cases” (关于侵害知识产权民事案件适用惩罚性赔偿审理指南, hereinafter “the Trial Guidelines”) and typical cases of punitive damages.

The Trial Guidelines clarifies that punitive damages shall apply to cases in which intellectual property rights are infringed intentionally and the circumstances are serious, and are subject to the request of the right holders.

For a long time, claims for punitive damages by right holders against infringers were not supported under Chinese law. In the last three years, however, there has been a relaxation of Chinese law, particularly in the area of intellectual property law. The Copyright Law, Trademark Law, and Patent Law all support punitive damages.

The Trial Guidelines issued by the Beijing High People’s Court has provided a more stable expectation for right holders to claim for punitive damages.

Specifically, punitive damages include the compensation for the infringed person’s losses and the punitive damages. The Trial Guidelines clarifies that the total amount of punitive damages shall be the sum of the base number and the base number multiplied by the multiple, and refines the method of determining the base number and the multiple.

 

 

Cover Photo by Eric Prouzet on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Releases New Policy on Blockchain Technology in Judicial Field

In May 2022, China’s Supreme People’s Court issued the “Opinions of the Supreme People’s Court on Strengthening Blockchain Application in the Judicial Field (最高人民法院关于加强区块链司法应用的意见), laying out the future role of blockchain technology in the Chinese judicial system.

China Issues New Rules on Compensation for Environmental Damage

In April 2022, China’s Supreme Court and 13 departments jointly issued the “Administrative Provisions on Compensation for Environmental Damage” (生态环境损害赔偿管理规定) to further specify and improve the norms of environmental damage compensation.

China to Improve Public Interest Litigation for Marine Environment

In May 2022, China’s highest judicial organs issued the “Provisions on Several Issues Concerning the Handling of Public Interest Litigation Cases Involving Marine Natural Resources and Ecological Environment” (《最高人民法院、最高人民检察院关于办理海洋自然资源与生态环境公益诉讼案件若干问题的规定》), which stipulates how to handle civil public interest litigation involving the marine environment.