The Judicial Interpretation of the Supreme People’s Court on the Application of Punitive Damages in Hearing Civil Cases of Intellectual Property Infringement shall come into force on May 1, 2026.
The Judicial Interpretation of the Supreme People’s Court on the Application of Punitive Damages in Hearing Civil Cases of Intellectual Property Infringement ([2021] No. 4) prescribes the adjudicative elements for applying punitive damages in IPR civil cases and sets the benchmark for judicial discretion of judges. On April 17, 2026, the Supreme People’s Court issued the revised version of this judicial interpretation ([2026] No. 7), which shall take effect on May 1, 2026. Hereinafter is a brief overview of the key amendments of [2026] No. 7. Determination of Intent in IPR Infringement Article 3 of [2021] No. 4 stipulates five…