Supreme Court: Further Enhancing Compensation for IP Cases (Jul-2016)

The vice president of the Supreme People's Court Tao Kaiyuan said in the conference on national intellectual property adjudicative work on July 7, 2016 that the trial of the intellectual property cases should realize the market value to further increase the compensation for damage.

It has been reported that in the years of 2014 and 2015, 117,000 and 130,000 intellectual property cases (civil, administrative and criminal) of first instance were accepted respectively, a respective increase of 15.6% and 11.7% compared with the previous year, 110,000 and 123,000 cases of first instance were closed, a respective increase of 9.8% and 11.7% over the same period of the previous year.

Tao Kaiyuan said in the conference, we should fully consider the dual characteristics of the objectivity and uncertainty of the market value of the intellectual property, we should not only try to accurately reflect the corresponding market value of infringed intellectual property, but also give due consideration to the subjective state of the tortfeasor so as to reach the dual effects of compensation first, punishment second. As for the repeated tortfeasor, and intentional tortfeasor, compensation for damage appropriately above the market value may be decided taking into the specific details of a case.

Tao Yuankai's speech puts forward a general idea for the intellectual property adjudicative work in the future, it can be anticipated that the legitimate interests of the right-holders shall be protected in a more rational and effective manner in the future. 

(Source: xinhuanet)