In ChongQing Municipality, RMB100,000 (the Highest) is Set as the Amount for Moral Damages in IP Infringement

With the upcoming 7th "World Intellectual Property Day", the "Guiding Opinions Concerning Several Issues on Determining the Amount for Intellectual Property Damages Infringement" was promulgated by the Higher People's Court of Chongqing Municipality", in which, the issue on compensation for moral damages for an  intellectual property case is specially clarified.  Accordingly, the right owner of IP may get RMB100,000, the highest, for moral damages.

It was reported that the court will reasonably determine the amount for moral damages according to such factors as the notability of the right owner, the notability and value of the work as well as the social and economic situation of the locality, the fault degree of the infringer and the scope of influence.  The right owner of IP may separately file a lawsuit for compensation for moral damages or a lawsuit for the afore-mentioned along with compensation for property right damages.

2013-07-17