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知识产权惩罚性赔偿
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广东高院发布知识产权惩罚性赔偿典型案例
Yang Shi Wang· 2025-07-17 11:43
Core Viewpoint - Guangdong Province's High People's Court has released a series of typical cases regarding punitive damages for intellectual property infringement, emphasizing the importance of protecting intellectual property rights and maintaining fair market competition [1] Group 1: Punitive Damages Cases - The court applied the maximum punitive damages of 5 times in the "Maple Leaf" trademark case, highlighting the severe nature of the infringement [1][4] - In the case of Rong Company vs. Di Company regarding patent infringement, the court considered sales revenue, profit margins, and patent contribution to determine the basis for punitive damages, ensuring equal protection for both domestic and foreign entities [1][11] - The court's support rate for punitive damages in 32 intellectual property civil infringement cases reached nearly 60%, with total compensation amounting to nearly 200 million yuan in 2024 [1] Group 2: Specific Case Summaries - In the case of Tai Company vs. Zhen Company, the court found that Zhen Company knowingly used a similar trademark on the same products, constituting malicious infringement, and awarded punitive damages based on significant profits from the infringement [2][3][4] - In the case of Jin Company vs. He Company, despite the defendants having paid compensation in a criminal case, they were still liable for punitive damages in the civil case, demonstrating the separation of criminal and civil liabilities [7][9][10] - The court ruled in favor of Rong Company against Di Company, determining that the infringement was severe and warranted punitive damages based on the profits from the infringing products [11][14][15] Group 3: Legal Principles and Implications - The cases illustrate the court's commitment to strictly enforcing intellectual property rights and applying punitive damages to deter malicious infringement [5][10][29] - The rulings provide a framework for determining the basis for punitive damages, including considerations of sales revenue, profit margins, and the nature of the infringement [11][25] - The decisions reinforce the message that even after criminal penalties, civil liabilities for intellectual property infringement remain intact, ensuring comprehensive protection for rights holders [10][29]