日本智慧財產法中損害賠償制度之研究
Date Issued
2005
Date
2005
Author(s)
DOI
932414H002040
Abstract
While Taiwan’s government succumbs to foreign pressures and
revises its intellectual property laws to reinforce protection of intellectual
properties, the judicial practices of civil courts seem to frustrate this
determination. Up to now, most of the damages granted to the proprietors
of intellectual properties are too small compared with the real loss
incurred by the proprietors. As a result, incentives to invent and create
may be reduced, and aspirations to develop a knowledge economy doom
to be a dream. How to improve the current damage mechanisms of
intellectual property laws, thus, becomes a very urgent topic of the
government.
Japanese economy, once ignoring the importance of intellectual
properties, is now thrown behind American economy. Being aware of the
importance of intellectual properties and their protection, Japanese
government has improved its intellectual property laws’ damage
mechanism by revising procedural operation as well as substantive clauses.
The result is that a huge amount of damage was granted to the plaintiff.
Japanese experiences concerning revisions of damage system shall
provide good examples for Taiwan’s government when it tries to update
its damage system to cope with international development.
Subjects
Intellectual Property
Infringement
Damage
Publisher
臺北市：國立臺灣大學科際整合法律研究所
Type
other
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