China -  Chinese law firm

What are the damages I can obtain from infringers?

The successful patentee in a patent infringement case may seek an injunction to halt the activities of the patent infringer. Under the property preservation and preliminary injunction provision, the patentee may before the beginning of legal proceedings, request the People's Court to order the suspension of related acts and to provide property preservation, if he can provide evidence that his right is being infringed or that such infringement is imminent and any delay to stop the acts is likely to cause irreparable harm to his legitimate rights. The patentee is also entitled to recover damages. The measure of damages is either the actual loss suffered by the patentee as a consequence of the defendant's acts or the profits gained by the infringer due to the infringement. If it is too difficult to determine the amount of damages based on the losses of the patentee or the profits of the infringer, the equivalent of a reasonable royalty for the patent may be also be claimed as damages.

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