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Membership Service Journey: Case sharing – Damages in IP Infringement Civil Litigations

Create Time:2021-05-25

On May 12, Quality Brands Protection Committee of China Association of Enterprises with Foreign Investment (QBPC) landed at another stop of its Membership Service Journey - a workshop focusing on Damages in IP Infringement Civil Litigations was successfully held in Shanghai. More than 70 representatives of QBPC members attended the meeting offline and online.

 

Ma Mengmeng

 

In her opening remarks, Membership Service Committee Vice Chair Ma Mengmeng welcomed and thanked members and two speakers for their participation.

 

Jason Yao

Jason Yao, the keynote speaker, has more than 20 years of experience practicing IP law. He used to work as Legal Committee Chair and Vice Chair of QBPC. On behalf of the US Golf Manufacturers Anti-Counterfeiting Group this time, Jason talked about how to obtain high damages and punitive damages in IP infringement lawsuits. He first introduced the latest trends in this area and the legal nature and principles of civil IP infringement liabilities. He then explained how to obtain evidence on the scale, profit and malicious deeds of IP infringement via different channels, and methods of calculating infringement profits. In utilizing punitive damages system, Jason illustrated the conditions and precautions of applying punitive damages, with several latest cases as examples, focusing especially on the key factors in determining infringer's intention and the seriousness of the infringement. He also answered the question on how to determine the base and multiplier of punitive damages. Finally, he gave some advice on handling a civil case with a prior criminal judgement.

Michael Yu

QBPC Legal Committee Chair Michael Yu commented on Jason’s speech. He said that Jason’s sharing on evidence collecting, relevant judicial interpretation, and handling civil cases with a prior criminal proceeding, would be very practical. Representatives, both online and offline, participated actively in the discussion, and the workshop came to a successful conclusion. 

 

Member companies participating in this event were ABRO, Emerson, Johnson & Johnson, P&G, Qualcomm, Schneider Electric, Unilever, Abercrombie & Fitch, Abbott, Activision Blizzard, Align Technology, Allergan, Apple, Applied Materials, Blackmores, Bosch, BP, BRITA, Burberry, Canon, Caterpillar, CHANEL, Cisco Systems, Danone, DuPont, Eurotime, GlaxoSmithKline, Honda Motor, Honeywell, Jaguar Land Rover, Lacoste, LEGO, Levi Strauss & Co., LVMH Asia Pacific Ltd, MGA Entertainment, NFL, Moët Hennessy, New Balance, Novozymes, OLYMPUS, Otis, Philips, Richemont, SANOFI, Siemens, Tommy Hilfiger, TWE, Valeo, Vertiv Tech, WAHL, Zippo, Huawei and US Golf Manufacturers Anti-Counterfeiting Group.