The Insight IP Virtual Meeting on IP Enforcement in China was moderated by Stephen Yang, Managing Partner at IP March, a mid-size IP firm in China. Mr Yang shared with the participants the intricacies of litigation in China, the most important updates from the 2021 Amendment, and also some specific case examples.
The structure of the court system, jurisdiction, and case definition is critical for practitioners to comprehend in order to ensure the best approach is followed for the filing, prosecution, and defense of IP. Having a clear understanding of the judicial actions undertaken by
the court is important to set expectations and incentivise corporate support. And, the filing and trial procedure is critical to optimise the efficiency and accuracy of any trial activity.
The case examples help to illustrate the benefits of pursuing action in China, specifically in light of the 2021 Amendment. The base amount for damages has been raised and punitive damages have been introduced meaning there have been cases with extremely high damages (by Chinese standard).
Case volume and filing volume are also covered, both divided by Chinese and foreign party, in order to provide a high level picture of the IP landscape in China and the amount of activity being undertaken by foreign parties.
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