Measuring IPRs infringement damages has been a worldwide conundrum since it makes vigorous demand for not only laws and methods that determine damages but skillful application of them in making judicial decisions. Measuring damages, accessing proof of evidence, and identifying IPRs infringement have been lagging China’s jurist and administrative enforcement of IPRs, and giving rise to a continued implicit bias towards the attribution of liabilities over quantifying damages. This chapter, as the last one of the whole book, makes its attempt to study the determination and quantification of damages and how they are rewarded in China with the help of empirical data and value analysis. Comparing China’s standards with that of the rest of world, new visions are thereby proposed to determine the IPRs infringement damages.

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Remedies for IPRs Infringement: Judicial Decisions and Damages Awarded in China

  • Handong Wu

摘要

Measuring IPRs infringement damages has been a worldwide conundrum since it makes vigorous demand for not only laws and methods that determine damages but skillful application of them in making judicial decisions. Measuring damages, accessing proof of evidence, and identifying IPRs infringement have been lagging China’s jurist and administrative enforcement of IPRs, and giving rise to a continued implicit bias towards the attribution of liabilities over quantifying damages. This chapter, as the last one of the whole book, makes its attempt to study the determination and quantification of damages and how they are rewarded in China with the help of empirical data and value analysis. Comparing China’s standards with that of the rest of world, new visions are thereby proposed to determine the IPRs infringement damages.