Log in

CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 3 JUNE 2020
Punitive damages in China’s new Civil Law

In the latest update from the MARQUES China Team, Ling Zhao examines the newly adopted Civil Law of the People’s republic of China.

On 28 May, the Civil Law of the People's Republic of China was officially adopted, and it will come into force on January 1, 2021. This is a milestone in the history of civil legislation in China.

There are seven parts and 1260 articles in the Civil Law, which are general principles, property rights, contracts, personality rights, marriage and family, inheritance, tort liability and supplementary provisions.

As a kind of private right, intellectual property belongs to civil law. Although intellectual property does not appear in the Civil Law as an independent chapter, there are many provisions related to intellectual property and technology contract in the Civil Law.

Punitive damages for IP infringement

In order to strengthen the protection of IP rights and to increase the cost of infringement, the Civil Law stipulates that the owner of the infringed right can request punitive damages if the infringement is conducted intentionally and the circumstances are serious.

Article 63 of the China Trademark Law, which was revised and came into force in 2013, clearly stipulates punitive damages in trade mark infringement for the first time. The draft amendment to the China Patent Law published by the Standing Committee of the National People's Congress on 4 January 2019 also provides for punitive damages. Article 17 of the Anti-Unfair Competition Law of 2019 stipulates punitive damages. And punitive damages are stipulated in Article 53 of the draft amendment to the Copyright Law published by the Standing Committee of the National People's Congress on 26 April 2020.

The Supreme People's Court plans to draft the "Interpretation on Several Issues on the Application of Law Concerning Punitive Damages for Intellectual Property Infringement" in the first half of 2021.

The introduction of punitive damages into IP infringement disputes will help improve the protection of intellectual property rights, promote technology progress and innovation, and build a healthier market for investment. The implementation of the Civil Law is not just a declaration to strengthen the protection of civil rights. It opens a new era.

Ling Zhao is a member of CCPIT Patent and Trademark Law Office and the MARQUES China Team

Posted by: Blog Administrator @ 11.42
Tags: China, Civil Law, punitive damages,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA4874
Reader Comments: 0
Post a Comment


MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


The Class 46 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
+44 (0)116 2747365
POST ADDRESS

Unit Q, Troon Way Business Centre
Humberstone Lane, Leicester
LE4 9HA

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox