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Zhongshan Longcheng Daily Products Co., Ltd. v. Hubei Tongba Children’s Products Co., Ltd. (Dispute over the Infringement of Utility Model Patent Right)—Whether the Prior Agreement Between the Patentee and the Infringer Can Serve as the Basis for Ascertaining the Amount of Damages for Infringement

Chapter
Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)

Abstract

The prior consent of the holder of rights and the infringer on the amount of compensation for infringement damage will not constitute a transaction contract between them. Therefore, the infringer shall only bear the infringement liability, which does not fall within the concurring of infringement liability and the liability for breach of contract provided in Article 122 of the Contract Law.

Copyright information

© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

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