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ARTICLE · 04 APRIL 2018

Punitive Damages To Be Awarded For Stronger IPR Protection

The introduction of a punitive damages system for intellectual property rights violation has won huge acclaim among industry ...

ChinaIntellectual Property

The introduction of a punitive damages system for intellectual property rights violation has won huge acclaim among industry insiders after Premier Li Keqiang proposed the move in his Government Work Report for the year. Such punitive damages would involve compensation that exceeds the plaintiff's actual loss, creating a greater deterrence against such violations.

The current compensatory damages system, aims only to cover the losses of the rights owners. "We will see that the strong protection of property rights and the fluid flow of production enable a significant increase in market dynamism and public creativity," Premier Li said in his report.

Zhou Qiang, head of the Supreme People's Court, said in his work report that the judicial authorities will use the punitive damages system in future trials to resolve the problem that rights violation incurs low costs while defending IP rights brings about high costs. Courts nationwide have heard about 683,000

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