The Higher People’s Court in Jiangsu Province has released the opinions on judicial protection of intellectual property in a bid to create an open and transparent predictable business environment for the rule of law through specific measures.
According to the opinions, the provincial court system will apply for investigation and collect evidence in time or issue a search warrant in order to solve the dilemma that the parties concerned cannot collect evidence for their own reasons.
For cases with clear facts that require simple application of law, quick trials will be implemented. For complex cases, disputes will be resolved as soon as possible by making intermediate judgments, the opinions say.
The publicly disclosed business information of the infringer in the audit report, annual report on the listing, tax report, etc. can be used as the basis for determining the amount of compensation.
The opinions clarify that punitive factors should also be considered for intentional infringements that have not yet provided for a punitive damages system, and the amount of compensation should be increased.
