Securing Large Damages In Intellectual Property Infringement Litigation

In recent years, with the continuing intensified efforts to protect intellectual property in China, cases in which large damages have been awarded in intellectual property infringement actions have become quite common. Statistics show that, between 2016 and 2019, the measure of damages awarded by courts in cases where at least one party was a foreign entity increased by approximately 300%. Since the beginning of 2021, there have been many cases in which a measure of damages exceeding RMB10 million (USD1.5 million) was awarded in such intellectual property fields as patents, trade secrets, trademarks, etc.

The common denominator in cases where the rights holder succeeded in securing large damages is that such rights holders provided the court with as comprehensive and detailed evidence as possible regarding the damages. In accordance with the law, a rights holder may provide evidence concerning the loss it suffered as a result of the infringement, the benefit derived