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Jun 30, 2022 (Newsletter Issue 8/22)
China
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Guidelines on Punitive Damages in Civil IP Cases Issued


On 25 April 2022, the Beijing High People's Court issued Guidelines on the Application of Punitive Damages in the Trial of Intellectual Property Infringement Civil Cases (Guidelines) in order to further harmonise the application of punitive damages in civil IPR infringement cases and strengthen judicial protection of IPR.

The Guidelines are divided into six sections with 51 articles dealing with general issues such as the principles of application of punitive damages and substantive issues in the application of punitive damages, including the legal requirements, the calculation of punitive damages and the relevant provisions for Internet service providers.

In addition, the Guidelines address procedural issues, especially in relation to claiming or modifying punitive damages, as well as the specific requirements for the application of punitive damages in joint litigation and provide information on the scope of application.

For more information, please see here

Source: www.dlapiper.com