| Summary: | 碩士 === 國立高雄第一科技大學 === 企業管理研究所 === 100 === Intellectual property rights are the rights given to persons over the creations of their mind. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. Since the right guaranteed by law, the liability of the infringement is an important issue and should not be ignored. In recent years, the studies of intellectual property rights in academia are mostly focused on applications of the law or the research of foreign cases or the mode of application management. However, the research of the factors that affect the amount of indemnity is relatively few. Therefore, this study is aimed at the trademark and copyright research, analysis, and the factors of indemnity amount during an infringement conviction. It is a study of the contstructed the trademark and copyright infringement indemnification model that provides the trespasser or the defendant a predicted infringement fine.
This paper takes the legal precedents from July 1, 2008 to November 30 2011 adjudicated by the intellectual property court as a case study. The results of these cases are analyzed by the historical method and logistic regression. According to the results of the study, when a trademark infringement is convicted, the memorability of the effect (Strong or weak) and the infringement act (intentional or accidental) will affect the determination of the compensation amount. When a copyright infringement is convicted, the signed contracts between the accuser and the defendant will affect the determination of the amount of compensation. In addition, the study found that in cases of trademark infringement, the accusers have a 61.76% chance of receiving a compensation amount less than what they requested. In the cases of copyright infringement, the accusers still have a 72.5% chance of receving a compensation amount less than what they requested.
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