Punitive damages under the Chinese Civil Code in the context of damages for trade mark infringement: the award that dares to speak its name

Abstract

Abstract This article discusses the availability of punitive damages in China for trade mark infringement. While the UK has been reluctant to emphasize the ‘punitive’ nature of such damages, China has legitimized punitive damages by codifying them in 2021. The Supreme People’s Court Interpretation on the Application of Punitive Damages in the Trial of Civil Infringement Cases of Intellectual Property Rights (2021) has sought to clarify the requirements that are applicable to punitive damages, in particular with regard to the required ‘intention’ and the ‘serious circumstances’ in which such damages may be awarded. Although punitive damages still appear to be awarded rarely by Chinese courts, their availability and the increasing clarity around the requirements for their award should lead to the progressive strengthening of the trade mark owners’ right in China.