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

China Enacts Landmark Private Economy Promotion Law

China enacted its landmark first Private Economy Promotion Law, effective May 20, 2025, to guarantee fair competition, streamline market access via a unified negative list, and bolster private enterprises through financing, innovation, and service support.

China Strengthens Criminal IP Protection with New Rules

In April 2025, China’s top court and procuratorate jointly issued a new judicial interpretation to clarify standards for handling criminal intellectual property infringement cases, aiming to strengthen IP protection, particularly in the service sector.

SPC’s 2024 Typical IP Cases Include AI Face-Swap Ruling

In April 2025, China’s Supreme People’s Court released eight typical IP cases, highlighting judicial responses to emerging issues in AI, gaming, and biotech, including a landmark ruling on AI face-swapping copyright infringement.

China Eases Tax Refunds to Boost Inbound Tourist Spending

In 2025, China has lowered its departure tax refund threshold from 500 RMB to 200 RMB and doubled cash refund limits to 20,000 RMB while expanding eligible stores and streamlining processes, aiming to boost inbound tourism spending and promote Chinese products.

Chinese Courts Bolster Pregnant Workers' Rights Protection

In April 2025, China's Ministry of Human Resources and Supreme People's Court released typical labor dispute cases emphasizing stronger protection of pregnant employees' rights, including a case where unlawful job reassignment and salary reduction were ruled illegal.

China Revises Marriage Registration Regulation

China's revised marriage registration rules, effective May 2025, eliminate location restrictions, simplify procedures by removing hukou requirements, and align divorce processes with the Civil Code's cooling-off period.

China’s SPC Issues Foreign State Immunity Case Guidelines

In March 2025, China's Supreme People's Court (SPC) issued procedural guidelines for handling civil cases involving foreign state immunity, implementing the country's shift from absolute to restrictive immunity under the new Foreign State Immunity Law.