Monday, January 14, 2019

China Weighs Quintuple Damages for Willful Patent Infringement

The ChinaIPR Blog recently published a couple of posts on proposed revisions to China's patent law (see here and here; see also Erick Robinson's post on the China Patent Blog here).  The second of these links to an unofficial English-language translation.  The proposed amendment to the damages provision (renumbered article 72) provides that "For willful patent infringement with serious circumstances, the amount of compensation shall be determined ranging from one to five times of the amount of compensation determined by the preceding methods," and increases the amount of statutory damages from "no less than RMB 10,000 and no more than RMB 1,000,000" to "no less than RMB 100,000 and no more than RMB 5,000,000."  I don't know of any other country that authorizes quintuple damages for patent infringement!

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