A study on the determination of court-assessed security for injunctions
Date Issued
2006
Date
2006
Author(s)
Chou, Chien-Chun
DOI
zh-TW
Abstract
The purpose of injunction is to let patentees and the accused infringers be able to legally secure the opponents’ properties in advance and to avoid irreparable harms on their intellectual properties or business operations. Today, patentees not only apply injunction as a tool for lawsuits, but also as a legitimate tool to make threats on their opponents in the business competition.
Courts in Taiwan often require a certain amount of court-assessed security before an injunction is permitted and allow the accused infringers’ to provide court-assessed countersecurity for revocation of the ruling for the injunction. However, due to lacking a system to fairly determine the amount of court-assessed security and countersecurity, contradictions occur frequently.
“What gets measured gets managed.” This research investigates tax data and standards that have been applied by the courts and financial data available in the public stock market to develop a better measuring method. Methods that were developed previously in literature and theories and practices of accounting that were associated with court-assessed security are also reviewed and criticized. This research also develops a flowchart to illustrate the application of the measuring method.
The contribution of this research on determining court-assessed security and countersecurity is to recommend a justified reference for courts to set court-assessed security and countersecurity, and for both patentees and accused infringers to assess their lawsuits beforehand.
Subjects
擔保金
專利
智慧財產權
25%法則
定暫時狀態處分
security
patent
intellectual property right
the 25 Percent Rule
injunction
Type
other
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ntu-95-P93744009-1.pdf
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