Abstract
China’s Civil Code provides for a system of punitive damages. In particular, it affirms the content of punitive damages for intellectual property rights. An analysis of the punitive damages regime for intellectual property rights in China aims to introduce to the reader legal elements for the entitlement of punitive damages, methods of quantification as well as existing problems found in the implementation of relevant provisions in China. A comparison is made between the concept of punitive damages under both common law and civil law jurisdictions with the example of the U.S. and Germany, and some recommendations are provided for foreign rights holders and the Chinese legislators regarding the implementation of punitive damages.
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