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Intellectual Property and Commercial Court


2011 Min Shang Shang Zi No. 3

Decision No. 2011 Min Shang Shang Zi No. 3
Date December 15, 2011
Decision Highlight

Article 63, Paragraph 1, Subparagraph 3 regulates the situation where multiple types of infringing product were seized. When the damages calculation is based on the multiplication of a per product price, there is no such rule that different products should be separated for individual calculation. Thus, when the number of seized products is not over 1,500 pieces, the calculation must be done by multiplying the average per product price of those different infringing products with a certain number but not done by summarizing all types of infringing product and then multiplying with a number. Otherwise, the compensation will be over the scope of the prescribed compensation which is 1,500 times more than the retail price of the product. That is contrary to the core concept of compensating damages in terms of the damages-compensation theory. There will be unjust enrichment acquired by the victim or the likelihood of over-punishing the infringer.


Trademark infringement, damages, price per product, unjust enrichment, damages compensation

Relevant statutes Article 63, Paragraph 1, Subparagraph 3, and Paragraph 2 of the Trademark Act
  • Release Date:2020-11-13
  • Update:2020-12-07