Empirical Research on Damages Compensation for Patent Litigation in China
碩士 === 國立交通大學 === 管理學院碩士在職專班科技法律組 === 97 === For responding fast economic growth in recent decades, China government has started to contemplate on the protection of intellectual property rights as well as emphasizing on pursuing independent technology development. Take patent rights as illustration,...
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2008
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ndltd-TW-097NCTU57050072015-10-13T14:53:16Z http://ndltd.ncl.edu.tw/handle/40970232747973820413 Empirical Research on Damages Compensation for Patent Litigation in China 中國專利侵權損害賠償之實證研究 Chien_hung Chen 陳建宏 碩士 國立交通大學 管理學院碩士在職專班科技法律組 97 For responding fast economic growth in recent decades, China government has started to contemplate on the protection of intellectual property rights as well as emphasizing on pursuing independent technology development. Take patent rights as illustration, the average increase rate of applications from 2000 to 2007 has reached to 22%, and the total amount of applications has exceeded 3 millions, Taiwan enterprise holds nearly 200,000. On the other hand, the aggregate investment amount to China by Taiwan enterprises which Ministry of Economic Affairs Taiwan has approved has exceeded NTD 58.6 billions. Therefore it is foreseeable that China will be a major battlefield of patent controversies against by worldwide enterprises, Taiwan corporations especially. This article made a study of the damages compensations of China patent litigation and turned out quantity methodologies by means of legal science empirical study, which includes examination on 400 judgments of patent infringement cases issued by China courts and interviews with China scholars and judges. The research result may be a reference to estimate litigation efficiency, and furthermore provides a proposal to corporations for framing patent enforcement strategies against competitors in China. Liu, Shang-Jyh Wang, Wen-Chieh 劉尚志 王文杰 2008 學位論文 ; thesis 97 zh-TW |
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碩士 === 國立交通大學 === 管理學院碩士在職專班科技法律組 === 97 === For responding fast economic growth in recent decades, China government has started to contemplate on the protection of intellectual property rights as well as emphasizing on pursuing independent technology development. Take patent rights as illustration, the average increase rate of applications from 2000 to 2007 has reached to 22%, and the total amount of applications has exceeded 3 millions, Taiwan enterprise holds nearly 200,000. On the other hand, the aggregate investment amount to China by Taiwan enterprises which Ministry of Economic Affairs Taiwan has approved has exceeded NTD 58.6 billions. Therefore it is foreseeable that China will be a major battlefield of patent controversies against by worldwide enterprises, Taiwan corporations especially.
This article made a study of the damages compensations of China patent litigation and turned out quantity methodologies by means of legal science empirical study, which includes examination on 400 judgments of patent infringement cases issued by China courts and interviews with China scholars and judges. The research result may be a reference to estimate litigation efficiency, and furthermore provides a proposal to corporations for framing patent enforcement strategies against competitors in China.
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author2 |
Liu, Shang-Jyh |
author_facet |
Liu, Shang-Jyh Chien_hung Chen 陳建宏 |
author |
Chien_hung Chen 陳建宏 |
spellingShingle |
Chien_hung Chen 陳建宏 Empirical Research on Damages Compensation for Patent Litigation in China |
author_sort |
Chien_hung Chen |
title |
Empirical Research on Damages Compensation for Patent Litigation in China |
title_short |
Empirical Research on Damages Compensation for Patent Litigation in China |
title_full |
Empirical Research on Damages Compensation for Patent Litigation in China |
title_fullStr |
Empirical Research on Damages Compensation for Patent Litigation in China |
title_full_unstemmed |
Empirical Research on Damages Compensation for Patent Litigation in China |
title_sort |
empirical research on damages compensation for patent litigation in china |
publishDate |
2008 |
url |
http://ndltd.ncl.edu.tw/handle/40970232747973820413 |
work_keys_str_mv |
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