Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Patents
9.
Remedies
9.1
Are injunctions available?
 
Taiwan
Both permanent and preliminary injunctions are available.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
9.2
What is the standard to obtain an injunction?
 
Taiwan
Permanent injunctions, if included in the relief sought in the complaint, are automatically granted when the patent owner wins.

Preliminary injunctions are granted only upon a showing of a “necessity to prevent material harm or imminent danger or other similar circumstances”. The necessity requirement should be determined based on the following factors:

  • the patent owner’s likelihood of success in the (future) principal case;
  • whether a preliminary injunction or lack thereof will cause irreparable harm to the opposing party or the patent owner, respectively;
  • the degree of damage to both parties; and
  • the impact on the public interest.
For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
9.3
Are damages available?
 
Taiwan
Yes.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
9.4
What types of damages are available?
 
Taiwan
The patent owner can choose one of the following methods for calculation of damages:

  • an account of the patent owner’s profits lost due to the infringement;
  • an account of profits that the patent owner would have otherwise gained from the patent, minus the account of profits actually gained after the infringement;
  • an account of profits gained by the infringer attributable to the infringement; or
  • reasonable royalties.
For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
9.5
What is the standard to obtain certain types of injunctions?
 
Taiwan
See question 9.2.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
9.6
Is it possible to increase or multiply damages due to a party’s actions?
 
Taiwan
Yes. If wilful infringement is found, the patent owner may ask the court, at its discretion, to increase the total damages awarded up to triple the original amount (see also question 6.4).

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
9.7
Are sanctions available?
 
Taiwan
No criminal sanctions are available. However, the plaintiff may plead for destruction or other necessary measures to dispose of infringing articles and materials used in the infringing act, which is part of the civil remedies.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
9.8
What kinds of sanctions are available?
 
Taiwan
See question 9.7.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
9.9
Can a party obtain attorneys’ fees?
 
Taiwan
Attorneys’ fees are not recoverable, except for those incurred in third-instance proceedings (ie, at the Supreme Court.) In other words, the prevailing party at the Supreme Court level is entitled to request that the losing party bear attorneys’ fees up to a maximum of approximately US$16,600.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
9.10
What is the standard to obtain attorneys’ fees?
 
Taiwan
See question 9.9.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices