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Manage your Intellectual Property in Mainland China, HongKong, Macao and Taiwan

What damages are available to a party who has had their software infringed?

In terms of civil liability, the damages shall be awarded to the owner of the copyright based on the actual loss or the amount of illegal income (if the actual damage cannot be ascertained), up to an amount of no more than RMB 500,000. The infringer can also be liable for the reasonable expenses incurred on behalf of the plaintiff for costs incurred from the investigation and from obtaining evidence with regard to the infringement. Criminal penalties may be imposed together with civil liabilities, if the infringement constitutes a crime. The threshold of the illegal income is RMB 20,000 for an individual and RMB 100,000 for a company. Administrative fines may also be imposed, to an amount of no more than three times the amount of the illegal operational value or, to a value of no more than RMB 100,000.