id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
iiclr-27373	Sui, Daniel	Towards a Pro-Patentee Regime: A Fifth Amendment to China's Patent Law	2023	34	.pdf	application/pdf	16024	867	59	[Vol. 33:289 292 it’s accounting books, Dunjun was awarded ¥5,000,000 RMB (approximately $750,000 USD) damages, which was the exact amount it originally claimed based on the infringer’s illegal gain approach.14 With many rapid changes in its patent law, China is quickly catching up with the U.S. and, in some areas, even surpassing the U.S.’s leading position on patent rights protection.15 But will China, with its new patent law provisions, completely solve its inadequacy of patent damages and provide patentees a robust protection so that the law can facilitate China’s ongoing 2025 economic structural transformation plan?16 The new provisions in China’s patent law could provide a stronger safeguard to patent owners than before, but there still are a few critical shortcomings that China should be focusing on to thoroughly resolve the issue of inadequate damages and become a real pro-patentee regime. If a patentee is not able to use all three approaches, he may resort to the statutory damages provision.39 Under this provision, the court will decide the damages amount in total of not less than ¥10, 000 RMB but not more than ¥1,000,000 RMB (approximately $1,500 USD and $150,000 USD, respectively) by taking into account such factors as the type of patent and the nature and circumstances of the infringement.40 By eliminating an injured patentee’s burden of production, statutory damages provide a fallback that assure that the patentee obtains some legal remedy even if he fails to produce sufficient evidence to prove his actual losses, infringer’s profits, or reasonable royalties.41 However, many legal scholars have observed that statutory damages have become the courts’ predominant method of determining infringement damages and, as a result, the damages awarded are far from adequate in terms of compensating the injured patentees’ actual loss.42	cache/iiclr-27373.pdf	txt/iiclr-27373.txt