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New Trademark Law enhances trademark protection in China

Two years after China’s new Trademark Law was enacted, Xiaoping Wei of CCPIT Patent & Trademark Law Office examines the impact it has had on trademark protection

China , Beijing , Renmin , Liaoning , Changjin , Fujian , Tokyo , Japan , Washington , United-states , Xiaoping-wei , Quan-hongchan

Highlights of China's Supreme Court's new Interpretation on punitive damages in IP cases | Hogan Lovells


[co-author: Stefaan Meuwissen]
The new Interpretation provides flesh to the bare bones of the provisions on punitive damages contained in China’s specific IP laws, which largely omit details on their specific application. The Interpretation clarifies particularly when the conditions for punitive damages, i.e. serious and intentional infringement, will be considered to be met; the basis on which the courts should calculate punitive damages; as well as guidelines for the specific amount at which punitive damages may be set by the courts. The Interpretation will doubtlessly have a profound impact on China’s IP practice, and the clarification it brings will encourage IP owners to make increasing use of punitive damages in China.

China , United-states , Chinese , China-supreme-people-court , Supreme-people-court-interpretation , Supreme-people , Court-interpretation , Punitive-damages , Civil-cases , Intellectual-property-rights , Civil-code