Application of Punitive Damages for the Infringement of New Plant Variety Rights.

Journal article

1 electronic resource (page 167-174)

Seed Law (as revised in 2015), Art. 73 paras. 3 and 4; Provisions on New Plant Variety Rights (II), Art. 17 – Danyu 405 Headnotes by the Editorial Office 1. Although the application of punitive damages requires a determined compensation base as a prerequisite, there is no need to place an overly strict requirement on the calculation accuracy of the compensation base. 2. A court may exercise its discretion to determine a reasonable compensation base by referring to existing evidence and case circumstances. 3. On the basis that some of the data required to calculate a compensation base are indeed supported by evidence, a court may exercise its discretion by referring to case circumstances to determine the other data required to calculate compensation and to determine a fair and reasonable compensation base. Supreme People’s Court, judgment of 8 October 2023 ‒ (2022) Zui Gao Fa Zhi Min Zhong No. 2907

Crossref

GRUR International ; 74, 2, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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