China Justice Observer


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 Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.