UIC Review of Intellectual Property Law

Citations to This Work

  • Xiaowu Li, Don Wang, Chinese Patent Law's Statutory Damages Provision: The One Size That Fits None, 26 Wash. Int'l L.J. 209 (2017)


Compared with the long history of U.S. patent law, Chinese patent law is still in its infancy. Nevertheless, there are similarities between the two laws in terms of remedies available for patent infringement. Both provide injunctive relief, damages and provisional rights remedies. Nevertheless, in granting each remedy, there are some differences. China has made consistent efforts to upgrade its patent laws to provide patent owners with adequate remedies. However there is still large room for improvement in the standards for granting preliminary injunctions, and in determining lost profits and reasonable royalties. Additionally, the Supreme Court of China should reconsider the issues of limitations on damages and attorney fees in order to balance the interests of the patent owners and innocent infringers. Unquestionably, the theories and experiences provided by U.S. patent law are good “prior art.”