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SPC releases guideline to on stepping up punishments for IPR infringements

 Source: english.court.gov.cn

 

The Supreme People's Court released a guideline on enhancing punishment of intellectual property right infringements in accordance with law on Sept 14.

The guideline stipulates and improves IPR judicial remedy measures to effectively deter infringements and create a sound and law-based business environment.

Based on the actual situation of IPR trials, the guideline focuses on the difficulties in trial practices and stipulates measures to such issues as evidence preservation, obstruction of evidence, cessation of infringement, punitive damages, legal compensation and aggravated criminal punishment, which expect to improve effectiveness of judicial protection.

The guideline also requires courts at all levels to pay attention to coordination and continuity of different laws and to increase the severity of penalty of IPR infringement.

The guideline also says that the injured party can make full use of judicial remedies and provides guidance to calculate losses from infringements and legal expenses, in order to increase the impact of rights protection and decrease IPR infringements.(Source:english.court.gov.cn)