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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.
What You Will Learn:
- Legislative development of punitive damages in China (5 minutes)
- Precedent cases up to date and major issues (10 minutes)
- Framework and prominent features of the new judicial interpretation (10 minutes)
- Base of calculating punitive damages in patent litigation (10 minutes)
- How to determine the multiplier (5 minutes)
- Practical tips on the side of the patentee’s lawyer (10 minutes)
- Practical tips for defendant’s lawyer to avoid punitive damages (10 minutes)
Who Should Attend:
IP litigators and in-house counsel representing multinational corporations with business presence or patent portfolio in China will find this presentation instructive. Other lawyers and law school students with interest in Chinese IP law are also welcome.
Gary M. Hnath
Mayer Brown LLP
Mayer Brown LLP