Wyeth Secured Win With Punitive Damages But Courts Had Different Opinions

Following a win in the 1^st instance (see https://www.mondaq.com/china/trademark/1032398/wyeth-awarded-rmb-3055-million-by-hangzhou-court), Wyeth LLC won again in the 2^nd instance on 2021's World IP Day, against Guangzhou Wyeth Baby Products Ltd for trademark infringement and unfair competition. Both courts at two levels fully supported Wyeth's claim, i.e., CNY 30.55 million (~USD 4.7 million). However, the 1st and 2nd instance courts have different views on how punitive damages should be calculated.

The Hangzhou Intermediate People's Court as the 1st instance found willful infringement and triple damages should be awarded as punitive damages, and calculated that the total damages were 3 times the profits of the defendant obtained from the infringement. Although the Zhejiang High People's Court as the 2nd instance agreed to triple damages as the punitive damages determined by the 1st instance court, it held that the total damages should be the defendant's infringement