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ARTICLE · 17 JUNE 2019

How To Increase Damage Awards When Litigating In China For Intellectual Property Infringement

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The meager damages awarded in infringement cases in China have long been a headache for intellectual property right holders.

ChinaIntellectual Property
Jian Xu
Jian Xu
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The meager damages awarded in infringement cases in China have long been a headache for intellectual property right holders. This is especially true for foreign clients used to the far higher awards in common law countries, such as the US and UK. Consequently, injunction relief is almost always the primary reason for litigating in China.

Although one of the central themes of China's IP law reform over the past decade has been to drive up the size of damage awards, it still remains a challenging issue today. This article explores the reasons behind China's low awards, and recommends tactics you can employ to increase them.

What are the principles of damage calculation in China?

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