China Law & Practice

Follow us:

profile

China Law & Practice

CLP_editorial

CLP_editorial profile

RT @bobdavis187: 4 Things We Learned from China’s 4th Plenum | The Diplomat. Interesting take on a fuzzy document. http://t.co/AnUHqvJ2KO

Oct 24 2014 06:29 ·  reply ·  retweet ·  favourite
CLP_editorial profile

Legislation roundup: Delisting, trademark trials and online insurance: http://t.co/A1ftgjBKFm

Oct 24 2014 06:26 ·  reply ·  retweet ·  favourite
CLP_editorial profile

In the news: Apple talks data security, Costco partners with Alibaba and MOFCOM merger reviews: http://t.co/fAOypuGY8F

Oct 24 2014 06:26 ·  reply ·  retweet ·  favourite
Magazine

Change font size: Switch to default font size Switch to medium font size Switch to large font size

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

Keywords (click to search): IP intellectual property 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...


Register with China Law & Practice to unlock our premium content for the next 14 days.

**Full text translations are only available for individual purchase or as part of a subscription.
**