On 6 December 2018, Lifang & Partners successfully held a seminar on “IP Related Compensation Policies in Chinese and US Litigations”. This seminar provided an analysis of the differences between China and the US regarding damages in IP litigation and initiated a discussion on the issue of how to achieve damages equivalent to or even higher than the market value of infringed IP.

Mr. Richard Eichmann, IP and Securities Business Director of NERA Economic Consulting, and Ms Zhang Bin, a Senior Partner of Lifang & Partners spoke at the seminar.

Mr. Eichmann is an expert in evaluating damages and conducting statistical analysis of complex data. During the seminar, Mr. Eichmann discussed the different types of damages in IP litigation in the US, and introduced an economic framework for calculating damages in cases of IP infringement and trade secret violations based on his expertise.

Picture 1: Richard Eichmann discussing damages in US IP litigations

Against a background of trends in Chinese judicial practices, Ms. Zhang Bin started by explaining how Chinese IP infringement policies influence the calculations of damages, and analyzed the relationship between the market value of IP and infringement damages. Ms. Zhang then discussed legal theories in comparison with her own experiences in practice.

Picture 2: Ms. Zhang discussing practical strategies for maximizing IP infringement damages

The seminar ended with a Q and A, during which many interesting questions were asked.

Picture 3: Richard Eichman

Picture 4: Richard Eichman

Lifang & Partners is a Chinese law firm. Most of the Lifang & Partners IP team have backgrounds that include science, technology, and law. This means that Lifang & Partners can rapidly solve complicated technical issues and provide practical solutions for clients. The Lifang & Partners IP team have handled some of the most high profile and trailblazing litigations in China, and have won several government, client, and industry awards.