ChinaBio Today -- To ensure more effective enforcement against patent infringement, the draft revision provides more specific and stringent damage measures for patent infringement. The Draft Revision 8/2008, like the Draft Revision 12/2006, provides that statutory damages could range from 5,000 RMB to 1,000,000 RMB under the circumstances where the actual loss of the patent owner, illegal gain of the infringer, and reasonable royalties of a patent license are uncertain. Here, the statutory damages cap is doubled from that of the current practice. Further, the draft adds that the compensation should include all reasonable costs for the patent owner in the effort to stop the infringing activities. The intent here is to increase the risks and costs of the infringers.
