Damages trends in China: what the shifting landscape means for rights holders
The 2014 reform of the Trademark Law was a watershed in terms of possible damages for trademark infringement. Now the onus is on rights holders to ensure that they collect evidence which bolsters their case
The 2014 reform of China’s Trademark Law was a watershed for a jurisdiction long known for its low damages awards. The amendments increased the maximum statutory damages from Rmb500,000 ($73,000) to Rmb3 million (approximately $450,000). They also introduced rules against hindrance to collection of evidence, which lessens the strict burden on the plaintiff to prove damages. In addition, the courts now have discretion to adopt a plaintiff’s damages theory if the defendant fails to adduce its books and accounts. Just as significantly, the amendments recognise punitive damages for the first time in China.
Want to read more?
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review, and particularly the WTR 1000, are always very useful sources for obtaining impressions and detailed information about foreign colleagues, law firms and jurisdictions. Our whole trademark team benefits from articles published in World Trademark Review.
Christian R Thomas
Attorney at law, legal and trademark department
KUHNEN & WACKER Intellectual Property Law Firm
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.