Beijing High Court Issues Guidelines For Awarding Punitive Damages

The Beijing High Court issued Guidelines on the Application of Punitive Damages in the Trial of Intellectual Property Infringement Civil Cases (the Guidelines) on April 25, 2022, in order to further standardize the application of punitive damages in civil cases of intellectual property (IP) infringement and strengthen the judicial protection of IP rights.

The Guidelines are divided into six sections consisting of 51 articles. The first section involves general issues such as the principles of applying punitive damages. The second to the fourth sections mainly cover substantive issues when punitive damages are applied, including statutory requirements, calculation of punitive damages, and relevant provisions applicable to Internet service providers. The fifth section outlines the relevant provisions on procedural issues, mainly related to the claim or change of punitive damages, and the specific requirements for the application of punitive damages in joint litigation,