Journal Title
Syracuse Journal of International Law and Commerce
Volume
51
Issue
2
First Page
177
Document Type
Article
Publication Information
2023
Abstract
Seeking and receiving an apology from the wrongdoer is a ubiquitous social phenomenon in Chinese culture and society. In recent years, litigation and apologies appear to be natural elements of contemporary life in China. Apologies as a legal remedy in Chinese laws and regulations have become prevalent for nearly four decades. In particular, in intellectual property law, the last thirty years have witnessed an explosion of apology cases. In such litigation, plaintiffs seek (and sometimes obtain) apologies from the defendants as a statutory remedy besides injunction and damages. American businesses operating in China increasingly take to the Chinese courts to protect their intellectual property, and seeking apologies during litigation is deployed as a useful strategy to curb intellectual property thefts.
This article explains the legal remedy of apologies popular in China but not commonly understood outside of the country. The essay discusses the evolution of Chinese apology laws and examines in depth apologies as a legal remedy in intellectual property laws and litigation. Based on more than a dozen judicial opinions, this essay considers the experiences of American corporations seeking apologies in Chinese courts and analyzes the facts and issues of such litigation. Some preliminary assessments and recommendations are made following this examination with the hope of providing useful guidance.
Recommended Citation
Robert H. Hu, Apology as an Intellectual Property Remedy in China: A Preliminary Examination of American Litigation Experiences, 51 Syracuse J. Int'l L. & Com. 177 (2023).