China Laws and Regulations Update in March 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.[2021]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.

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