China -  Chinese law firm

What remedies are available in an IP action?

Options for remedies in administrative and judicial actions are not the same. Administrative actions are valuable for situations that call for injunctive relief and punitive actions only. Administrative remedies start with a raid and, if deemed infringing, such materials will be seized for evidential purposes along with any incriminating files. If the items are too bulky then officials will seal them and in exceptional circumstances will confiscate infringing machinery. Should a wronged party wish to seek damages, an action needs to be brought to the judiciary. These damages are based on the loss to the rightful owner of IP and on the profits of the infringer. In some cases statutory damages may also be available. The position of the infringer with respect to their ability to pay damages should of course be considered before embarking on such a course.

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