In a groundbreaking move, the Intellectual Property Court of China’s Supreme People’s Court has issued its first-ever judgment with conditional enforcement terms in a patent dispute[1]. Published on 8 April 2025, the decision tackles a unique issue in
damages
How does an offer for sale affect the patentee’s profitability – an economic analysis from the SPC
By Justin Davidson (HK) & Stanley Ng on
Under the PRC Patent Law, the offering for sale of an infringing product constitutes an act of infringement, regardless of whether the product is actually sold or not. However, there are divergent views as to what damages arise merely…