Monday, October 26, 2020

China's New Patent Law Allows Quintuple Damages

According to stories published in the National Law Review and on ChinaIPR last week, the Chinese government has now approved a long-anticipated amendment to China's Patent Act.  ChinaIPR also links to the text of the amendment in Chinese. Unfortunately, Chinese is not a language I can read, but according to the reports--and consistent with what Google Translate relates--the amendment is consistent with earlier drafts (see discussion here) in providing for, among other things, damages enhancements of up to five times the plaintiff's actual damages, defendant's profit, or a reasonable royalty, and for statutory damages of up to 5 million RMB (about U.S.$748,000).  This is also consistent with changes made to China's law on trademarks and unfair competition last year.  Here is what appears to be the relevant text of the patent law amendment, found on page 3 of the Chinese text:


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