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March 2012 Issue

Bulletin

SHOULD DAMAGES BE DETERMINED BASED ON THE INFRINGER'S GROSS OR NET PROFITS?

The current Taiwan Patent Act (Subparagraph 2, Paragraph 1, Article 85) stipulates that a patent owner may opt to calculate damages incurred based on "the profits earned by the infringer from the infringement," and additionally provides that: "If the infringer fails to prove the costs or necessary expenses, the total income acquired from the sale of the infringing goods shall be regarded as the earned profits." In other words ... More

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