Calculating Base Damages and Multipliers in Chinese Trademark Infringement
Base damages under PRC Trademark Law Article 63 follow strict evidentiary priority, with multipliers up to five times applied for willful infringement.
E-Commerce Transaction Evidence Notarization
Meaning
Evidentiary verification procedure involves the legal certification of digital data from online retail platforms by a authorized public notary. E-commerce transaction evidence notarization transforms volatile electronic information into a stable document that a People’s Court can accept as reliable proof. Such a process addresses the risk of data tampering or deletion by a counterparty during a commercial dispute.
Digital Custody
Notaries oversee the entire process of accessing the online platform and downloading the relevant transaction records to ensure the chain of custody is not broken. They use dedicated computers and secure networks to prevent any external interference with the data being captured. The resulting certificate describes every step taken by the notary to obtain the evidence, including the time and the IP address used.
Authentication Requirement
Authentication of the identity of the person accessing the account is a requirement. This step ensures that the evidence is linked to the specific transaction.
Judicial Weight
Courts give high priority to notarized documents because they carry a presumption of authenticity that ordinary screenshots or printouts lack. A judge can rely on these certified records to determine the price and quantity of goods without requiring additional witness testimony. Efficiency is increased in the litigation process and a clear basis is provided for awarding damages in cases of contract breach or product liability.