Due to globalization in recent awareness in the field of intellectual property, Taiwan has its laws on intellectual property has recently been revised several times to strengthen the protection of intellectual property and its patent law to make international standards. Therefore, most people are not well known, the various legal implications particularly in the area of prosecution of patent and trademark piracy. Infringement of patents generally relates to the use of a patent without the consent of the patenteeOwners. It includes:
Manufacture of patented products,
Offer to sell a patented product, sell, use or importation of patented protected product patent area
With the patented process or method, and
Use, sale or import of products or goods made by the direct use of the patented process produced
According to Article 56 of the Patent Law of Taiwan, "the amount should be determined in the patent rights to an invention based onClaim (s) included in the specification of the invention. The descriptions and drawings of the invention can be used in the claims in the patent application as a reference when interpreting the scope.
Thus, patentees and exclusive licensees in May claiming compensation for damage to any direct or indirect violation of the parties caused the patent within two years from the date they are the offense, or within ten years from the time aware of the breachto act if they had not previously known, in accordance with Section 84 of the Patent Act.
The remedies available to civil function of the patent law in Taiwan, under Article 216 of the Civil Code:
Claims for damages
The destruction of counterfeit products,
Destruction of materials used to produce counterfeit goods
Publication of the decision of the court in a journal and
Any combination ofabout
In addition to Article 85 of the patent describes two methods to quantify the damage caused by an injury. The first is to subtract the) profits by the patentee by the use of his patent made after the crime, b) the result is usually through the use of the patent over the same period as expected. The second method is of the opinion that the profits from the sale of the offender, counterfeit goods. The court in both cases, it mayincrease the amount of damages awarded, if it finds that the act of willful infringement. There is no action and criminal prosecution for patent infringement in Taiwan.