July 26, 2021

Punitive Damages in Patent Litigation in China Under New SPC Judicial Interpretation

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Practising Law Institute

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On 3 March 2021, China’s Supreme People’s Court (“SPC”) issued the SPC Interpretation on Application of Punitive Damages in Adjudication of Civil Cases Involving Intellectual Property Rights (“Interpretation”) and announced it would come into effect immediately. The Interpretation clarifies and consolidates both procedural and substantive rules for claims, application, and calculation of punitive damages in patent infringement cases.

At the same time, the Interpretation raises some unanswered questions and casts some shadows of doubt that may lead to IP practitioners facing some challenges when litigating IP cases involving punitive damages in China. In addition to an across-the-board introduction to the new judicial interpretation, the Briefing will discuss some hypothetical questions that an IP lawyer is likely to encounter in practice and then examine them one-by-one from the perspective of an experienced Chinese IP lawyer.

For additional information or to watch the recording, please visit the event website.

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