A Comparative Study on the Standard of Determining Willfulness in Patent Infringement Cases Between the US Patent Laws and Taiwanese Patent Law
Author: Yung-Chuan Wu
Publisher:
Published: 2008
Total Pages: 126
ISBN-13:
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Author: Yung-Chuan Wu
Publisher:
Published: 2008
Total Pages: 126
ISBN-13:
DOWNLOAD EBOOKAuthor: C. Bradford Biddle
Publisher: Cambridge University Press
Published: 2019-06-27
Total Pages: 379
ISBN-13: 1108426751
DOWNLOAD EBOOKThrough a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author: Chung-Lun Shen
Publisher:
Published: 2015
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKAmong the substantive issues of patent law, patent enforcement has received increasing focus in the global community. Owing to the intangibility of patents, and in view of the symmetry of exclusive rights with damages, courts and juries have difficulty calculating appropriate damages for patent infringement. Compared with the traditional calculation of patent damages, which rests upon the patentee's losses or infringer's profits, the basis of reasonable royalties provides a flexible concept for accommodating damages when the patentee cannot adequately prove damages, especially, when the patented or infringing products were not available in the market at the time of infringement. Until the amendment of Taiwan's Patent Act in 2011, the authority of reasonable royalties as patent damages was not officially codified. China's Patent Act had recognized the remedy of patent infringement subject to reasonable royalties since 2000. In light of the development of comparative patent laws and original jurisprudence guiding patent law, the provisions of Taiwan's Patent Act and China's Patent Act concerning reasonable royalties as patent damages still have room for refinement. Consequently, this article attempts to establish an optimal model for applying related provisions in future judicial practice. The proposed model could contribute a common guideline for the determination of reasonable royalties to the regional harmonization of patent laws in Taiwan and China. Reprinted from the Chicago-Kent Journal of Intellectual Property, [12 CHI.-KENT J. INTELL. PROP. 156 (2013)].
Author: Chih-Yuan Kuo
Publisher:
Published: 2007
Total Pages: 80
ISBN-13:
DOWNLOAD EBOOKAuthor: Shayerah Ilias
Publisher: Nova Publishers
Published: 2008
Total Pages: 84
ISBN-13: 9781604565621
DOWNLOAD EBOOKIntroduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author: Chih-Ming Kao
Publisher:
Published: 2009
Total Pages: 132
ISBN-13:
DOWNLOAD EBOOKAuthor: Dan Prud‘homme
Publisher: European Chamber
Published: 2012-08-22
Total Pages: 235
ISBN-13:
DOWNLOAD EBOOKThis study’s statistical analysis shows that patent quality and innovation in China deserve improvement, and an in-depth legal, management science, and economic analysis in the study shows that various patent-related policies and practices actually hamper patent quality and innovation in China. Over 50 recommendations for reform are provided. The study is divided into four chapters, summaries of which are as follows: Although China became the world leader in quantity of domestically filed patent applications in 2011, the quality of these patents needs improvement. Also, while certain innovation in China is rising, the country’s actual innovation appears over-hyped by some sources. There appears to be an overly heavy focus on government-set quantitative patent targets in China, which can hamper patent quality and innovation. This overemphasis involves over 10 national-level and over 150 municipal/provincial quantitative patent targets, mostly to be met by 2015, which are also linked to performance evaluations for SoEs, Party officials and government ministries, universities and research institutes, and other entities. China has a wide-range of other policies, many of which are at least partially meant to encourage patents, that can actually discourage quality patents, and highest-quality patents in particular, and innovation. Examples of these policies include a variety of measures with requirements for “indigenous intellectual property rights” that are linked to financial incentives (many of which are unrelated to government procurement); a range of other government-provided financial incentives for patent development (e.g. certain patent filing subsidies); inappropriate inventor remuneration rules; discriminatory standardization approaches; and a wide range of others. There are a host of concerns surrounding rules and procedures for patent application review and those for enforcement of patent disputes that can hamper building of quality patents and innovation in China. These include concerns about abuse of patent rights, difficulties invalidating utility models, and a wide range of other issues.
Author: Jeffrey H. Matsuura
Publisher: University of Virginia Press
Published: 2008
Total Pages: 228
ISBN-13: 0813927714
DOWNLOAD EBOOKFor lawyers, legal and technology historians, and entrepreneurs, Matsuura offers a fresh, historically informed perspective on a current issue of major importance.
Author: Wolrad Prinz zu Waldeck und Pyrmont
Publisher: Springer Science & Business Media
Published: 2008-11-20
Total Pages: 898
ISBN-13: 3540887431
DOWNLOAD EBOOKIn the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.
Author: Jason Katzman
Publisher: Skyhorse Publishing Inc.
Published: 2011-03-23
Total Pages: 385
ISBN-13: 1616081112
DOWNLOAD EBOOKHere is practical advice for anyone who wants to build their business by selling overseas. The International Trade Administration covers key topics such as marketing, legal issues, customs, and more. With real-life examples and a full index, A Basic Guide to Exporting provides expert advice and practical solutions to meet all of your exporting needs.