The Determination of Patent Infringement Compensation in Taiwan in Perspective of US Patent Reform Trend

• Main Authors: Shih, Chih-Yuan, 施志遠
• Other Authors: Fan, Chien-Te
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/23052499219436557022

碩士 === 國立清華大學 === 科技法律研究所 === 97 === Envisioning the incoming era of knowledge-based economy, it’s been the major concerns of an enterprise in regard to the intellectual property right (IPR) management and the way to handle the IPR litigation issues. In additional to its function in enabling an enterprise’s protection of a new technology and/or a new product, patent right also bring to the enterprise significant amount of economic benefits. Therefore, patent management and patent litigation turn out to be an un-separate part of policy regarding an enterprise’s expansion and its strategy in meeting the rival competition. Ever since the discrimination of patent infringement in 2003, the study on civil remedies for the infringement has gained and/or increased its merits. In turns, the determination concerning the patent Infringement compensation pending the civil procedure has become a crucial core issue. In recent years, several draft bills and/or amendments of United State Patent Reform Act were proposed aiming to improve patent quality, simplify patent litigation procedure, reduce litigation cost and enhance international homogenization. Amongst these efforts, the compensation and willful infringement were included. In line with the approaches of empirical and comparative study, this thesis sets out to review on the judicial practices (between August 1, 1999 and April 30, 2009) regarding the perfection in patent right owner protection; also to find out whether or not there was an identifiable trend of the practices relating to the determination of the scope of damages and trial practices. Hence, this author tries to propose on some suggestion relating to the possible direction of alignment for IP Court’s consideration in its future trial practices, especially the urge of IP court’s deviation from traditional and conservative attitude in releasing the degree of a patent owner’s burden of proof. In additions, this thesis also takes the provision of compensation provided by Article 85 of Taiwan Patent Act (amended, February 6, 2003) into consideration and tries to figure out the necessity for an amendment, or not. The study was mainly placed on the possible inclusion of reasonable royalty, the abolishment of punitive damages, and etc. In the end, a possible amendment direction for Article 85 in this regard will be proposed for further comments.