In December 2011, the Deputy Director of the State Intellectual
Property Office of the P.R.C. expressed that China would in the
near future promote amendments to the Patent Law, the Trademark Law
and the Copyright Law of the P.R.C. as well as associated
regulations, increase the amount of fines, and conduct research on
applying punitive damage awards to profit-generating intentional
infringement and counterfeiting acts. This suggests that
punitive damage awards may be adopted into China's intellectual
property (IP) protection framework.
Liability for infringement can be compensatory or punitive,
depending on the purpose of the compensation to be granted.
According to the current Patent Law, Trademark Law and Copyright
Law of the P.R.C., the amount of compensation is determined by the
basis of compensation and is calculated in accordance with the
actual losses suffered by the rights owner or the benefits obtained
by the infringer (and by reference to the reasonable
