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Intellectual Property and Commercial Court

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2011 Min Zhuan Shang Geng (1) Zi No. 6

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Decision No. 2011 Min Zhuan Shang Geng (1) Zi No. 6
Date May 31, 2012
Decision Highlight

While the technology for the industrial products has been developed maturely, most of the patents are considered to be researched and developed improvements or modifications based upon the prior arts, and therefore, the marketed products may contain patented components and non-patented components at the same time. In the case that non-patented components and patented components are usually sold together, both components shall function together or the effects to be attained by the patent cannot be performed, and the function contributed to the product’s effects by the patented components is the causation that has consumers purchase the products, the damages received by the patentee shall be calculated by the whole value of the product without only taking the respective value of the patented components into account. However, if the non-patented components are sold together with the patented components but without any substantive mutually-functioning relationship therebetween, the non-patented components shall not be calculated into the damages accordingly.

Relevant statutes Article 85, Paragraph 1 of the Patent Act
  • Release Date:2020-11-13
  • Update:2020-12-07
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