Because of globalization in recent awareness of IP laws IP Taiwan has recently revised several times to strengthen the protection of intellectual property and patent law to make in accordance with international standards. This is the reason most people are not well known, the different legal consequences, particularly in the area of patent applications and injury. Patent relates generally to use a patent without the consent of the patentee. It includes:
Manufacturingpatented products,It offers the patented product for sale, sale, use or importation of patented products, patent protected territory,
With the patented process or method, and
Use, sale or import of products or merchandise provided through the direct use of the patented production process
In accordance with Article 56 of Taiwan Patent Act, the scope of the patent, the invention of the rights established on the basis of the application (s) in the specification of an invention to be determined.The descriptions and drawings of the invention can be used in the claims of the patent application as a reference in the interpretation of the scope. "
Therefore, holders of patents and exclusive licenses can pursue damages for any direct or indirect infringement of the patented product within two years from the date on which the violation or within ten years from the date of the act of infringement if they know in advance is not aware, in accordance with Article 84 of thePatent law.
Possible civil remedies under the patent laws in Taiwan, the following after Article 216 of the Civil Code:
The destruction of the products in question,
The destruction of the materials used to make the products in question,
The publication of the judicial decision in a newspaper and
Any combination of the above
In addition, Article 85 of the patent describes two methods to quantifyDamage caused by an accident. The first is to subtract from) the profits made by the patentee with the use of his patent, expected after the injury of b) the result is usually through the use of the patent for the same period. The second method treats the gain from the sale of goods infringing derived from the violation. The court, in any case, you can increase the amount of damage compensation, if it considers that the violation was committed intentionally. There arecriminal penalties and prosecutions for infringement of patent in Taiwan.
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