Punitive Damages In China

The new Patent Law entered into effect on 1 June 2021, after nearly eight years of discussion since the initial amendment proposal in 2012 drafted by the State Intellectual Property Office (the China National Intellectual Property Administration's predecessor). Various amendments, reflecting the need for strengthening IP protection, are incorporated into this new version of the Patent Law, which is the fourth since 1984. Among those amendments, punitive damages are undoubtedly a focus of attention.

History of punitive damages in China

Punitive damages were first introduced into the Trademark Law in 2013. Later, the Seed Law (revised in 2015), the Anti-unfair Competition Law (amended in 2019) and the Copyright Law (amended in 2020) all added clauses regarding punitive damages. In addition, on 1 January 2021, the Civil Code established a punitive damages system in the IP field, providing that the infringed person has the right to request punitive damages if the