Source: the People’s Court News and Communication Agency
Recently, the Supreme People’s Court passed the Official Reply of the Supreme People’s Court Regarding Applications for Compensating the Reasonable Expenses Filed by Defendants due to Abuse of Rights of Plaintiffs in Intellectual Property Infringement Disputes, which came into force on June 3, 2021.
The Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Patent Law of the People's Republic of China and the Trademark Law of the People's Republic of China stipulate the principle of good faith. The Supreme People’s Court carried out such Reply to implement the decisions and arrangements of the CPC Central Committee, actively respond to social concerns and guide the parties involved in IPR infringement disputes to exercise their litigation rights in good faith. The Reply is conductive to use the reasonable expenses to regulate the parties’ litigation rights, and control the abuse of rights.
