微信
微信二维码

扫码联系律师

中文版 英文版

Director Fu Kun of our firm was invited as a keynote speaker to the seminar titled "High Damage Awards in Trademark Infringement Cases" hosted by the Intellectual Property Professional Committee of the Shanghai Bar Association.

2025-08-22 15:00:55上一篇 |下一篇

On the afternoon of August 21, 2025, the seminar themed "High Damage Awards in Trademark Infringement Cases", sponsored by the Intellectual Property Professional Committee of the Shanghai Bar Association and undertaken by Allbright Law Offices, was successfully held in the large conference room of Shanghai Tower.Adopting an online-offline dual-track format, the seminar drew over 200 legal practitioners. Centering on practical difficulties in securing high damage awards in trademark infringement enforcement, it offered professional guidance for enterprises to protect their rights efficiently and for lawyers to handle relevant cases in practice.Director Fu Kun, Person-in-Charge of Shanghai Boxiang Law Firm, was invited as a keynote speaker. He delivered an in-depth presentation on "Key Evidence Collection Points for Raising Damage Awards through On-site Evidence Gathering at Counterfeit Manufacturing Plants". His extensive practical experience won wide recognition among all participants.


The seminar zeroed in on practical pain points, with industry experts jointly exploring ways to secure high compensation awards.


The seminar closely responded to the core demands of trademark infringement rights protection, with discussions centered on judicial logic for high damage awards, evidence construction and legal application strategies.Liu Minxuan, Vice Director of the Intellectual Property Professional Committee of the Shanghai Bar Association and Senior Partner of Allbright Law Offices, presided over the event. In his opening speech, Shen Guoquan, Executive Director of Allbright Law Offices, stated that the seminar aimed to sort out judicial rules, summarize practical experience, deliver feasible solutions for legal practitioners, and advance the improvement of the intellectual property protection system.


image.png


During the seminar, senior industry experts including Cheng Ling, Partner of Yuan Da Law Firm, Cheng Qiang, Partner of Dentons Shanghai, and Lu Shijiao, Partner of Allbright Law Offices, shared professional insights respectively from the perspectives of the application of punitive damages, evidentiary approaches for high damage awards and multi-dimensional evidence strategies. Their presentations complemented Director Fu Kun’s sharing, jointly forming a full-process practical guidance system for trademark infringement cases seeking high compensation.


Director Fu Kun Analyzed the Key Points of Evidence Collection at Counterfeit Factories:


Break "Reliance on Statutory Damages "and Secure Core Evidence for High Compensation Awards

image.png







     As a professional lawyer with long-standing in-depth practice in intellectual property rights protection, Director Fu Kun pointed out a prominent pain point in trademark infringement enforcement during his sharing: over-reliance on statutory damages makes it difficult to obtain high compensation awards, and evidence collection at infringing factories stands as the core solution to this dilemma. Drawing on multiple successfully represented cases, he elaborated on full-process key steps for on-site factory evidence collection from a practical perspective:

   During the preliminary preparation phase, thorough background investigations shall be conducted to identify key information including the location, production scale, upstream and downstream affiliated parties of the infringing factory, laying a solid foundation for subsequent evidence collection.For on-site evidence gathering, practitioners shall abide by the principle of "standardized and comprehensive preservation of evidence". Priority shall be given to collecting direct evidence such as production records, sales ledgers and inventory lists of infringing products. Meanwhile, auxiliary evidence including video footage and witness statements shall be obtained to form an intact evidence chain.In the subsequent evidence consolidation stage, data collected at the factory shall be timely cross-referenced with the infringer’s market sales records, financial statements and other relevant materials, so as to guarantee sufficient probative force of evidence in litigation and furnish solid support for claims of high compensation. 

   Director Fu Kun emphasized that on-site evidence collection at infringing factories is the key to breaking the limitations of statutory damages. Only by accurately identifying infringing parties and preserving production and sales data can there be a solid basis for calculating compensation amounts, enabling effective crackdowns on malicious infringement acts and recovering greater economic losses for enterprises.His sharing featured strong practicality and operability, striking a deep chord among all participants. Many attending lawyers commented, “Director Fu Kun’s techniques for factory evidence collection are highly actionable and can be directly applied to case practice.”




The Seminar Delivered Comprehensive Achievements; Shanghai Boxiang Continues to Deepen Its Practice in Intellectual Property Protection

   At the closing of the seminar, Liu Feng, Director of the Intellectual Property Professional Committee of the Shanghai Bar Association and Partner of Dentons Shanghai, concluded that the event formed a complete closed-loop discussion covering "application of law – evidence presentation strategies – evidence collection skills – utilization of evidence", offering systematic solutions for handling trademark infringement cases claiming high compensation. During the on-site exchange session, participants held heated discussions centering on the factory evidence collection highlights shared by Director Fu Kun, which further deepened their practical understanding. 


    As a specialized law firm focusing on intellectual property legal services, Shanghai Boxiang Law Firm has always adhered to the mission of "supporting enterprises in intellectual property protection and safeguarding the value of innovative achievements", and accumulated extensive rights protection experience in trademarks, patents, copyrights and other fields.Director Fu Kun’s invitation to this high-end industry seminar to share core practical skills not only demonstrates the firm’s professional competence in IP rights protection, but also reflects its sense of responsibility to elevate the overall practical standard of the legal industry.Going forward, Shanghai Boxiang Law Firm will keep leveraging its professional strengths, explore innovative approaches to intellectual property protection, deliver more efficient and targeted legal services for enterprises, and contribute to fostering a sound legal environment for intellectual property rights.