ARTICLE
20 January 2017

The Supreme People's Court Releases Two "Opinions" Aimed At Strengthening IP Protection

An infringer will also bear the reasonable expenditures of right owners spent to prohibit infringement.
China Intellectual Property

The "Opinions" stressed

  • equal treatment for the litigation status and legal application of all IP entities, equal protection for nonpublic-owned intellectual property rights, as well as litigation rights and entity rights for both domestic and foreign parties;
  • punishment for IP criminals and more judicial protection;
  • publish judicial interpretations and guiding cases in time, and extend the application of punitive damages; and
  • strengthen brand name protection, handle cases concerning anti-unfair competitions and impose more punishment against IP crimes

An official from Supreme Court specially pointed out that the upper limit for IP infringement damages will be lifted up, and a punitive damage system will be established against serious IP infringement. And an infringer will also bear the reasonable expenditures of right owners spent to prohibit infringement.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More