Compensation Increased in 2017 for Intellectual Property Infringement
According to a recent report, Beijing Intellectual Property Court went on increasing the amount of compensation for intellectual property right infringement. The average amount of compensation for infringement of a patent is CNY1,410,000, the average amount of compensation for infringement of a trademark is CNY1,650,000, and the average amount of compensation for infringement of a copyright is CNY458,000.
There are some noteworthy cases in the 2017. For example, in the patent infringement case about USBKey, the amount of compensation CNY48,000,000 requested by the plaintiff was fully upheld and for the first time, CNY1,000,000 attorney fees, which is charged on hourly basis, claimed by the plaintiff was supported. In the trademark infringement case about “墙锢”, the amount of compensation CNY10,000,000 requested by the plaintiff was fully upheld. In the appeal for the trademark infringement case about “紫玉”, the amount of compensation CNY1,000,000 determined by first-instance trial was increased to CNY3,000,000, which is the statutory maximum compensation. In the appeal for the serious of copyright infringement cases referring to Beijing Shusheng Digital Technology Co., Ltd., the amount of compensation was significantly increased comparing with that sentenced by first-instance trial. To be specific, the amount of compensation for infringement is charged on CNY300.00 per 1000 words, which is the upper limit for the remuneration standard.