June 8, 2016 China Intellectual Property News. Page 08. Rights Protection Weekly

(Wu Yingzhe, Ling Zongliang) 

Case No.: (2016) Hu 73 Min Zhong, No. 101   

[Judgment Summary]

When determining the amount of compensation for IP infringement, the court shall pay attention to guiding and encouraging the right holder to ascertain the infringement source, meanwhile taking into account the status of the alleged infringer as a manufacturer, the duration of such infringement, the administrative penalties given to the infringer, the possible impact of such infringement on consumer's life and property and the popularity of the trademark, so as to ensure that the compensation amount is appropriate to the infringing circumstance and cover all the reasonable expenses incurred by the right holder for ascertaining the infringement source.