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

摘要

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.