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Record Amount of Damages Requested in Chinese Patent Case
A patent infringement dispute between two Chinese companies has seen a total amount of RMB 1 billion (about US$ 150 million) damages requested, a record for a Chinese patent infringement case.
2019-04-26 -
The Application of “Punitive Damages” in the Practice of IP Infringement Cases
Provisions pertaining to punitive damagesIt is provided in Article 63 of Trademark Law of the People’s Republic of China (hereinafter referred to as “Trademark Law”) that:The amount of damages for infringement upon the right to exclusively use a registered trademark shall be determined according to the actual losses suffered by the right holder from the infringement; where it is diffic
2018-05-04 -
Intellectual Property Litigation in China: Evidence Preservation Measures
In recent years, China has significantly strengthened the judicial protection of intellectual property rights. In particular, some courts have significantly increased the amount of compensation for infringement in the judgment of intellectual property infringement cases. For example, the Beijing Intellectual Property Court made a first instance verdict in December 2016 that the def
2018-03-09 -
Supreme People’s Court Issues Decision of Review in Case of Italian Ferrero SPA v. Montresor Company and Zhengyuan Company for Unfair Competition
The case filed by Italian Ferrero SPA (hereinafter, “Ferrero”) against Montresor (Zhangjiagang) Food Co. Ltd. (“Montresor”) and Tianjin Economical and Technological Development Zone Zhengyuan Distribution Co., Ltd (“Zhengyuan”) for unfair competition has received considerable attention in the field. Recently, the Supreme People’s Court issued a judgment in th
2017-12-15
