In recent years, China has continuously strengthened
intellectual property protection to optimize the legal business
environment. In the practice of intellectual property infringement
litigation, accurately determining the amount of damages has
gradually become one of the focuses of the trial of infringement
cases.
According to the author's search, the average awarded
damages amount and support rate of Intellectual property civil
litigations in China from Jan. 2022 to Dec. of 2022 are as
follows:
It can be seen from the table that the support rate and average
damages amount of Chinese courts for IPR (intellectual property
right) holders' claim for damages in trademark and copyright
infringement cases are not high. It is obvious that obtaining an
award of high damages is one of goals of a IPR holder to initiate a
civil litigation. The crucial task for achieving the goal is
collect and utilize evidence, because the facts, which can be
recognized by Chinese
