Proving Infringement and Damage in Intellectual Property Suit -Perspectives from Japanese Law
Date Issued
2016
Date
2016
Author(s)
Kao, Chi-Pei
Abstract
The collection of evidence and the burden of proof are always the hinge to the damage compensation of the plaintiff. However, in the intellectual property infringement suits, because of the intangibility and evidence-imbalance, it is not easy to prove the existence of the infringement nor to calculate the amount of the damage while comparing to the common ones. This thesis starts from the construction of the evidence-perpetuation and the content of the court rulings, discussing the low approval rate of abovementioned rulings in the intellectual property suits as the first issue, and then turn to the function of notary public in such suits to be the second issue, with the research of the burden of proof under the existing law being the final issue. All issues are emphasized to compare with the Japanese law.
Subjects
Perpetuation of Evidence
Intellectual Property
Infringement Suit
Notary Public
Burden of Proof
Type
thesis