How Much Can I Claim When a China-Related Trade Dispute Arises?
You are entitled to claim compensation for loss and the agreed liquidated damages, and may under some circumstances receive a punitive damages award.
For contract disputes:
If the defendant is in breach of the contract, you may require the defendant to continue to fulfill their contractual obligations, take remedial measures, compensate for your losses, or even pay the agreed liquidated damages.
As far as the compensation is concerned, the amount of compensation should be equal to the loss (including the expectant benefits in case of no breach) caused by the breach of contract, provided that, it shall not exceed the potential losses caused by the breach of contract that the breaching party foresaw or should have foreseen when concluding the contract.
For product liability disputes:
If the products made or sold by the defendant injured your physical health or property due to non-conforming quality, then you can claim compensation against the defendant.
For your property loss, you can request the defendant to replace the damaged product with a new one or refund the purchasing price, or even compensate you for other property losses caused by the defective product.
For your personal injury, you can claim compensation for medical expenses, nursing expenses, mobility & daily living aids expenses, disability compensation, funeral expenses, death compensation and other expenses.
If the defendant commits fraud, you can also claim a compensation equal to three times of the above losses.
However, it should be noted that for personal injury compensation, Chinese courts may determine the amount of compensation according to local standards in China.
For the intellectual property infringement:
If the defendant infringes your intellectual property rights, you can request the defendant to compensate you for the actual loss.
If it is difficult to determine the actual loss, you can request the defendant to compensate you an amount equal to the benefit they obtain.
If it is difficult to determine both your loss and the benefit obtained by the defendant, you can request the amount of compensation to be determined ranging from one to five times of your intellectual property license fees/royalties.
If none of the above can be determined, you can also request the court to award a compensation within CNY 5 million according to the severity of the infringement.
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