Determination of IP infringement damages in China

By Zhang Bin and Xie Guanbin, Lifang & Partners
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2036

The 13th Five-Year Plan for National Intellectual Property Protection and Utilization, promulgated in December 2016, has made it clear that key tasks during the 13th five-year plan period include enforcing IP protection, further increasing compensation for IP infringement, and preventing false litigation.

张斌 ZHANG BIN 立方律师事务所高级合伙人 Senior Partner Lifang & Partners
张斌
ZHANG BIN
立方律师事务所高级合伙人
Senior Partner
Lifang & Partners

In July 2017, the general secretary of the Communist Party of China, Xi Jinping, pointed out at a meeting of the Central Leading Group for Financial and Economic Affairs that it is necessary to strengthen punishment against IP infringements and make infringers pay for their transgressions.

In August 2017, when delivering the report of the Supreme People’s Court (SPC) on the work of the IP courts, the president of the SPC, Zhou Qiang, mentioned that it is necessary to focus on resolving issues such as the “low cost for committing infringement and high cost for safeguarding rights”, strengthening IP-related punishments, increasing compensation awards pursuant to the law, and making infringers pay for their transgressions.

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Zhang Bin is a senior partner at Lifang & Partners. She can be contacted on +86 10 6409 6099 or by email at binzhang@lifanglaw.com

Xie Guanbin is a senior partner at Lifang & Partners. He can be contacted on +86 10 6409 6099 or by email at guanbinxie@lifanglaw.com