Empirical Research on Damages Compensation for Patent Litigation in China

• Main Authors: Chien_hung Chen, 陳建宏
• Other Authors: Liu, Shang-Jyh
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/40970232747973820413

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.