Punitive Damages in Patent Infringement
Date Issued
2009
Date
2009
Author(s)
Cheng, Chiao-Yun
Abstract
The “punitive damages” regime which has developed as a universal rule of torts in common law system is alien to our traditional statutes centered by the civil code. However, in recent years, the punitive damages provision, usually in the form of treble damages, has become quite popular in certain legislations or law revisions in Taiwan. While legislation itself is relatively easy, it is the way of how to set the requirements of application correctly and how to award punitive damages properly that is really a perplexed legal issue upon which should be put emphasis, and needs to be studied. It is a pity that except for the punitive damages clause under Consumer Protection Law, this issue attracts less attention of scholars, and therefore the effect of these punitive damages regulations remains fairly unclear. As far as Patent Law is concerned, the legislators have introduced the punitive damages to the Act since the revision of 1994, but the discussion regarding this provision seems rather inadequate and unsatisfying. Since the patent infringement has been decriminalized, the issue of how to deter patent infringements by awarding enhanced damages appropriately is certainly important. Thus this thesis aims to focus on Article 85 section 3 of Patent Law making a comprehensive study of it.his thesis comprises six chapters. The first chapter is an introduction which illustrates the motive, the approaches, and the structure of the study. Beginning with the definition of punitive damages, chapter two takes an overview of the punitive damages regime in the U.S., including its nature, functions, development, and the questions occurred during the operation of the regime. It also points out the existing punitive damages regulations in Taiwan orderly. Chapter three sketches our current liability frame of patent infringement, especially focusing on the evolution and interpretation of the punitive damages provision. In order to realize the actual state of judicial practice, this thesis also explores the related judgments of our courts in chapter three. Then, chapter four deals with the regulations and precedents of patent infringement in the U.S., Germany, Japan, and China from the comparative law point of view, to recognize whether punitive damages are applicable to patent infringement cases in these major countries respectively, and if any, what factors are relevant or crucial to their determinations. Based on the foregoing contents, chapter five of this thesis proceeds from the rationale and the necessity of adopting the punitive damages rule in patent infringement cases. This thesis indicates that punitive damages regime serves a better purpose than criminal punishment in deterring patent infringement. It is then followed by the review of current requirements under this Article. The thesis not only examines the standards of the punitive damages awarding, but also proposes some suggestions for revision. The last chapter, chapter six, is the conclusion, briefly summarizing the main ideas of this thesis.
Subjects
patent infringement
willful infringement
reckless
punitive damages
enhanced damages
deterrence
SDGs
Type
thesis
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