Civil enforcement
Key points
The Interpretation was passed at the 1,831st meeting of the
Judicial Committee of the Supreme People's Court on 7 February
2021. It came into effect on 3 March 2021.
Among the provisions of the Interpretation are the creation of
specific provisions on the scope of application of punitive damages
in civil cases of IP rights and the determination of intentional
and serious cases, along with the base calculation and multiple
determination, etc. The aim of the Interpretation is to guide
courts to accurately apply punitive damages and punish serious
infringement of IP rights by clarifying the judgment standards.
Preliminary measures
In general, when trademark holders initiate lawsuits with the
court and apply to the IP punitive damages system, the plaintiff
compiles evidence for the tort. If the court ascertains the
defendant's tort, and the defendant fails to carry out the
action in the court's judgment, the plaintiff can apply to
