Empirical Study on Damage Award of Taiwan Intellectual Property Court

• Main Authors: Kai-Chun Kao, 高愷均
• Other Authors: Ming-Yan Shieh
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/28154799530012695996

碩士 === 國立臺灣大學 === 科際整合法律學研究所 === 104 === Taiwan intellectual property court has established over 6 years accumulating hundreds of damage awards. The article collects intellectual property awards from July in 2008 to December in 2013 including 487 patent cases, 115 trademark cases, and 205 copyright cases. The empirical research quantifies with descriptive statistics for “plaintiff and defendant identification”, “number of judgments every year”, “percentage of damages”, “amount of damages”, “reason of non-infringement judgment”, “cases of top 10 and last 10 damages”, “distribution of face of judgment”, ”punitive damages”…etc . The article found that the IP court intends to invoke Subparagraph 2 of Paragraph 1 of Article 85(or Article 97 in the latest act) on patent awards, and Subparagraph 3 of Paragraph 1 of Article 63(or Article 71 in the latest act) on trademark awards, and Paragraph 3 of Article 88 on copyright awards. The average amount of damages of patent awards calculated by ”lost profit” is lower than trademark awards calculated by Subparagraph 3 of Paragraph 1 of Article 71. After repealing the total sales calculation method in patent act in 2011, IP court intends to calculate the lost profit by “The Profit Standard of the Same Trade Concerned”. The article suggests IP court should extend the standard of infringement damage determination, and the legislators should adopt a strategy to twist the predicament of the lowering amount of damages.