NI Xiang
- Introduction
A statutory damages system is indispensable to intellectual property protection in China. A draft of Shenzhen’s local government legislation, the “Regulations on the Protection of Intellectual Property Rights of Shenzhen Special Economic Zones” sparked many discussions in China’s intellectual property law community because of its proposal of maximum damages of 5 million yuan in cases where the proceeds of infringement are difficult to determine.[1] Commentators praised the draft as the most stringent intellectual property protection regulation in Chinese history. However, the proposal was not included in the final legislation issued in early January 2019.[2] The reason may be that a new approach is stipulated in the draft of the Fourth Amendment of Patent Law, issued … Read the rest