China Laws and Regulations Update in April 2021
1. Interpretation of the Supreme People’s Court on Exemplary Damages in Civil Cases of Intellectual Property Infringement
Promulgated by the Supreme People’s Court
Promulgation date: 3 March 2021
Implementation date: 3 March 2021
Document number: L.I.4
Highlights of Interpretation are its clarification of the following matters.
First, relationship between “deliberateness” and “maliciousness”. “Deliberateness” is one of the subjective elements of exemplary damages in the civil law and corresponds to “maliciousness” in Article 63.1 of the trademark law and Article 17.3 of the unfair competition law. Based on opinions and studies in preparations for the Interpretation, “deliberateness” and “maliciousness” should have the same meaning.