Key determinants of "Serious Circumstances" in awarding punitive damages for intellectual property infringement: Evidence from Chinese Judicial Judgments.

ABSTRACT: To prevent the over-extension of punitive damages in private law, as has occurred in some common law jurisdictions, China requires the presence of "serious circumstances" as a prerequisite for applying punitive damages in intellectual property infringement cases. However, this requirement still lacks a clear theoretical framework and concrete identification elements. This study illustrates China's approach by analyzing judicial decisions, and reveals: (1) sixteen elements used by judges to assess the seriousness of intellectual property infringement, which can be consolidated into three key categories: subjective malevolence, degree of conduct, and resulting damage; (2) differences in judicial emphasis across types of intellectual property, with copyright cases focusing on subjective malev

SUBMITTER: You K 

PROVIDER: S-EPMC12822996 | biostudies-literature | 2026

REPOSITORIES: biostudies-literature