| Summary: | 碩士 === 中國文化大學 === 法律學系 === 99 === Abstract
This essay attempts to integrate the current legal systems of patent infringement and remedies of Taiwan and Mainland China. The first part focuses on the Civil Code, patent infringement and remedies in Taiwan. Chapter I states the motivation, methods and purpose of this essay. Chapter II analyzes the subjective and objective elements of torts of Taiwan Civil Code and discusses the extent of damages, types of remedies, and statute of limitation of Taiwan Civil Code. Chapter III emphasizes on the special provisions of infringement, remedies and decriminalization of penal liabilities of Taiwan Patent Act and then compares those provisions with U.S. Patent Statutes and regulations.
The second part focuses on the Civil Code, patent infringement and remedies in Mainland China. Chapter I discusses provisions of torts and remedies in general principles of the Civil Code of People’s Republic of China and studies the legislative purposes and principles of liabilities of Torts Liabilities Act, promulgated in December, 2009. Then Chapter II relates to the elements of patent infringement, provisions of Agreement on Trade-Related Aspects of Intellectual Property Rights and the future development of patent infringement in Mainland China. Lastly, Chapter III analyzes the civil, administrative and penal remedies of patent infringement, action of limitation, calculation of damages and relief clauses.
The third part compares the current system of patent infringement and remedies between Taiwan and Mainland China, makes comments on the “Cross-Strait Intellectual Property Right Protection Cooperation Agreement” ratified in June 2010, and provides suggestion about how to amend Taiwan Patent Act.
Key words: Torts, Damages, Patent Infringement, General Principles of the Civil Law, Torts Law, Principles of Liability
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