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ARTICLE · 28 OCTOBER 2025

Practical Q&A | Interpreting Punitive Damages For IP Infringement

This chapter focuses on key issues in punitive damages for intellectual property infringement, providing a clear breakdown of the necessary elements for liability and how damages are calculated.

ChinaIntellectual Property

Featuring three essential Q&As on proving "intent", assessing "serious circumstances", and identifying punitive factors in statutory damages.

This chapter focuses on key issues in punitive damages for intellectual property infringement, providing a clear breakdown of the necessary elements for liability and how damages are calculated. By analyzing recent landmark cases, we summarize how courts determine the existence of "intent" and "serious circumstances," and how the judiciary decides the base amount, applicable multiplier, and total compensation. The aim is to offer practical guidance for IP rights holders.

With this in mind, we have selected three essential Q&As from Chapter 10: Punitive Damages for Intellectual Property Rights of the Practical Q&A Guide to Cutting-Edge Intellectual Property Issues, co-authored by Wolters Kluwer, Lusheng Law Firm, and its strategic partner Rouse.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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