China: Trials & Appeals & Compensation

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Supreme Court: How Should Compensation Be Determined For Continuing Infringement During Prior Litigation?
A Chinese patent infringement case examines whether damages for continuing infringement during prior litigation proceedings should be included in subsequent lawsuits. The Supreme People's Court clarifies the principles for determining damages calculation periods when a patentee files multiple lawsuits against the same infringer, addressing the scope of prior judgments and the treatment of ongoing infringing acts discovered during litigation.
China IP
AC
AFD China
Article
Supreme Court: After First-Instance Infringement Finding, Preliminary Injunction Generally Should Be Maintained
The Supreme People's Court has issued landmark rulings in two patent infringement cases that establish a crucial legal standard for preliminary injunctions issued alongside first-instance judgments. These decisions clarify when and how courts should maintain injunctive relief during the reconsideration stage, particularly when substantive hearings have already established infringement.
China IP
AC
AFD China
Article
Punitive Damages In Intellectual Property Civil Cases
China's Supreme People's Court has issued a comprehensive 2026 Interpretation that fundamentally reshapes the punitive damages landscape for intellectual property disputes. The new framework introduces stricter procedural requirements, clearer standards for proving intentional infringement, and detailed methodologies for calculating damages multipliers. How will these refined rules impact litigation strategy and enforcement outcomes for rights holders operating in China's evolving IP regime?
China IP
SF
Spruson & Ferguson
Article
SPC Released Guiding Cases On Boosting Judicial IP Protection For Technological Innovation
China's Supreme People's Court has released seven guiding cases that establish new precedents for intellectual property protection, addressing critical issues from trade secret theft through employee poaching to malicious patent litigation. These landmark rulings introduce detailed enforcement mechanisms, clarify liability standards for online seed sales platforms, and strengthen remedies for copyright holders facing evidence obstruction.
China IP
PP
Panawell & Partners
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