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Aim Higher and Go Bigger: Strategies for Claiming IP Infringement Damages in China.

Authors :
Davidson, Justin
Ka-Yuen Ng, Stanley
Source :
European Intellectual Property Review; Dec2019, Vol. 41 Issue 12, p729-732, 4p
Publication Year :
2019

Abstract

IP owners who litigate in China often complain about the low damages awarded by the courts, which then has limited deterrent effect on infringers and can erode the worthwhileness of enforcement steps. This article discusses the use of a number of strategies through which IP owners can reduce or shift the high evidential burden placed on them in China to prove infringement damages. Some cases from the Chinese court will be discussed to illustrate the application of these strategies. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
01420461
Volume :
41
Issue :
12
Database :
Supplemental Index
Journal :
European Intellectual Property Review
Publication Type :
Academic Journal
Accession number :
140263011