篇名 | Remedies of Patent Infringement--A Focus on Comparative Study for Taiwanese Corporation's Patent Litigation in the U.S. Market |
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卷期 | 8 |
並列篇名 | 論專利侵權之救濟--以臺灣公司於美國市場之專利訴訟之比較法研究為中心 |
作者 | 郭致遠 |
頁次 | 63-93 |
關鍵字 | 專利權保護 、 保全處分 、 禁制令 、 損害賠償 、 專利侵害救濟 、 Patent infringement 、 Patent litigation 、 Remedy 、 Injunctive relief 、 Monetary damage |
出刊日期 | 201010 |
Technology has brought this world into an international community. For Taiwanese technology corporations, the protection of patent right has become an imperative issue to strengthen the capacity of competition on the world stage. When facing patent infringement cases in the market, how to seek appropriate remedies based on American law and Taiwanese law is thus important for Taiwanese corporations.Under American law, patent infringement is basically a tort per se. This paper undertakes a brief survey of the manners in which different jurisdictions approach the issue of patent infringement remedy from a perspective of comparative law study between the common law system and the civil law system. It,specifically, is focused on American as well as Taiwanese jurisdictions. Part II and Part III include the discussion of the injunctive relief as a patent infringement remedy, wherein Part II deals with the issues of permanent injunction and Part III is the issues of preliminary injunction. Part IV discusses monetary damage as a patent infringement remedy. Finally, Part V is the the conclusion the potential suggestions in the future for Taiwanese corporations in the market.