I. Introduction

The remedies against patent infringement are directly related to the efficiency of patent systems. Fair and sufficient remedies are among the key elements which help establish a successful patent system. The provisions regulating patent laws form the legal basis for arriving at the remedies. Therefore, the analysis in this article is based on relevant substantive provisions in Chinese patent law, supplemented by practical observations when necessary.

In this article, the remedies analyzed are damages, injunctions, criminal punishments and costs. Generally speaking, these remedies are obtainable through litigation. However, ADR (Alternative Dispute Resolution) and administrative bodies may also be involved in the process for obtaining these remedies.