CPA Wins Punitive Damages of 2.16 Million for European Client

Recently, China Patent Agent (H.K.) Ltd. (CPA) represented a European company in a software copyright infringement dispute and won the final victory, effectively protecting the client's legitimate rights and interests.

This case, undergoing two instances, was complex and difficult in evidence collection. In the first-instance proceeding, to address the multiple challenges of weak evidence, evidentiary difficulties, and complexity of the case, our attorney team, consisting of Mr. Ji Changzhi and Mr. Guo Kaixuan, developed creative evidence-gathering approach to successfully preserve the critical evidence of infringement, marshalled facts of the case, and meticulously devised the defence strategies. After three hearings, the first-instance court established the infringement and awarded our client with punitive damages amounting to RMB2.16 million. The infringer then lodged an appeal and submitted new evidence, upon which our attorneys quickly reconstructed the evidence chain, analysed the points of contention, and refuted the opposing party's defences. Ultimately, the appeal was dismissed by the second-instance court and the original judgment upheld.

This victory is a powerful testament to CPA's professional capabilities, and at the same time reflects the equitable protection of intellectual property (IP) rights available for foreign innovation entities under the present legal procedures and enforcement mechanisms. Going forward, CPA will continue to focus on delivering high-quality, efficient IP solutions to domestic and foreign clients, and in collaboration with other stakeholders, contribute to the continual fortification of China's IP protection, betterment of business environment, and innovation-driven development by leveraging our professional services and technical expertise.