The Research on the Scope of the Compensatory Damages Incurred from Patent Infringements of the U.S. and Taiwan

The Research on the Scope of the Compensatory Damages Incurred from Patent Infringements of the U.S. and Taiwan

 

Title
The Research on the Scope of the Compensatory Damages Incurred from Patent Infringements of the U.S. and Taiwan
Author
Yu-Shu Chang
Keywords
patent infringements, the compensatory damages, the Paragraph 1 of Article 85 of Taiwan’s Patent Law, attorneys’ fees
Abstract
Through the survey of academic issues and judicial practices, this study will
make a research and comparison between the scope of the compensatory damages
incurred from patent infringements of the U.S. and that of Taiwan’s. Because the
Paragraph 1 of Article 85 of Taiwan’s Patent Law omits some other causes that
may cause injury to the patentee, and hence violates the basic principle of
compensatory damages, this study suggests that this Paragraph should be deleted
and the method of calculating damages also be revised. Besides, to prevent willful
and reckless infringement of valid patents, and to return the injured party to the
position before injury, the court should be able to award reasonable attorneys’
fees to the prevailing party where the infringement is willful.
Abstract Article

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