China

Xiaoxia Zhang, an IP Partner in KWM’s Beijing office, introduces a view of the Chinese court on how to determine the infringement liability for offering to sell.What happens if a company offers to sell a product that would infringe a patent in Mainland China? A recent judgment ruled that it can cause harm to the patent holder, even if no actual sale takes place. The case highlights the importance of respecting patent rights and the potential legal consequences for businesses that infringe on patents. It also explains that when it is difficult to prove the specific damages caused by offering to sell, the court can use statutory compensation to determine the amount of compensation.