Court publishes opinion on implementation of National IPR Strategy
The Supreme People’s Court sets out more detailed plans for the implementation of a number of the reforms contained in the State Council’s 2008 National IPR Strategy.
Issue: May 2009
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Supreme People's Court
National IPR Strategy
By Joseph Simone, Baker & McKenzie.
On March 30 2009, the Supreme People's Court (SPC) issued an
Opinion setting out more detailed plans for the implementation
of a number of the reforms contained in the State Council's
2008 National IPR Strategy. The Opinion focuses mainly
on civil and criminal enforcement of IP rights before the
courts. Some highlights are:
• Deterrent penalties: The Opinion
proposes that local courts "dramatically" increase the costs to
infringers by raising compensation awards, thereby increasing
deterrence and lowering the cost of enforcement for IP owners.
The SPC particularly encourages courts to award much higher
compensation against infringers that are repeat offenders,
those violating rights on a "large-scale" and those otherwise
acting in bad faith. The SPC has traditionally refrained from
encouraging courts to award substantially higher damage awards,
but now seems to have opened a door for judges to pro-actively
use civil damages to...
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