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.
Collegial panel judges of the Supreme People’s Court for re-trial: Wang Chuang, Zhu Li, He Peng (Written by: He Peng, Supreme People’s Court; Translated by: Sun Lin, Zheng Yi).
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2020 Law Press China
About this chapter
Cite this chapter
He, P. (2020). 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. In: Selected Cases from the Supreme People’s Court of the People’s Republic of China. Library of Selected Cases from the Chinese Court. Springer, Singapore. https://doi.org/10.1007/978-981-15-0342-9_31
Download citation
DOI: https://doi.org/10.1007/978-981-15-0342-9_31
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-15-0341-2
Online ISBN: 978-981-15-0342-9
eBook Packages: Law and CriminologyLaw and Criminology (R0)