I am pleased to share a new paper, "Intellectual Property Rights Protection in China: Trends in Litigation and Economic Damages," http://reaction.nera.com/rs/ct.aspx? ct=24F768199BEA43ECC4D881ABD62D9954A4920990EDA138EA670 written by NERA Senior Consultant Kristina Sepetys and Senior Vice President Dr. Alan Cox. The paper describes the changing role of Intellectual Property Rights (IPR) enforcement in an evolving economy such as China's, as well as the judicial and administrative procedures available for IPR enforcement. Drawing upon a unique dataset compiled by the authors, the paper also examines trends in damage awards in IPR cases in China. The authors conclude that IPR damages in China are generally too low to compensate IPR owners for their losses or to have any meaningful deterrent effect.
However, the paper's findings also suggest that significant damage awards are being awarded and that the frequency of such awards continues to increase. This conclusion is corroborated by recent events. For example, in a recent decision by the Intermediate People's Court of Hangzhou, Korean electronics maker Samsung was ordered to pay 50 million Yuan (approximately US$7.3 million) in compensation to Holley Communications for infringing Holley's handset patent. This patent infringement case decision is the largest ever compensation amount in China's mobile phone industry. In another important development, the Standing Committee of China's National People's Congress recently approved the third Amendment to China's Patent Law. The revised Law will take effect on 1 October 2009 and includes, among other features, a provision to increase the upper limit of statutory damages to 1 million Yuan (about US$150,000).
This paper will also be available in Chinese. Please contact the authors if you would like to receive a copy.
Please visit our website at http://reaction.nera.com/rs/ct.aspx? ct=24F768199BEA43ECC4D881ABD62D9954 AEAD5B90E3A33CEC7E9255565CC9E038FF417 to browse other papers produced by our Intellectual Property Practice.
As always, we welcome your feedback.
Regards,
Phillip A. Beutel Senior Vice President and Chair of Global Intellectual Property Practice +1 914 448 4014 phil.beutel@nera.com www.nera.com
NERA Economic Consulting 50 Main Street White Plains, NY 10606
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