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ARTICLE · 05 MAY 2015

What Evidence is Needed to Obtain High Damages in IP Litigation

Calculating compensation in intellectual property litigation can be a tricky issue. Although the award of high compensation in IP cases seems to be increasing in China, in general compensation for most of IP cases remains low, which discourages right holders to safeguard their rights.

ChinaIntellectual Property

Calculating compensation in intellectual property litigation can be a tricky issue. Although the award of high compensation in IP cases seems to be increasing in China, in general compensation for most of IP cases remains low, which discourages right holders to safeguard their rights. The research conducted by the IP Research Center of Zhongnan University of Economics and Law shows that the legal compensation for IP infringement cases only averages to be RMB 80,000, which is 1/3 of the prosecutors' claims or even less. Due to the above reasons, research on what kind of the evidence should be submitted during the IP litigation to obtain the higher compensation is a topic of great value.

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