2014 Fu Min Shang Zi No. 24
|Decision No.||2014 Fu Min Shang Zi No. 24|
|Date||November 19, 2014|
Article 63 paragraph 1 subparagraph 3 of the Trademark Act before amended stipulates that “When claiming for damages, a trademark right holder may choose one of the following methods to estimate the amount thereof: … 3.Damages may be claimed in an amount equivalent to 500 to 1,500 times of retail price per unit of the infringing goods….” “Retail price per unit” is the actual price for a single unit of the infringing goods. It does not mean retail prices or wholesale prices of the trademark owner’s products. (See the Supreme Court decision No. 2002-Tai-Shang-Zi-1411). Furthermore, the term "retail” means selling goods or services directly to ultimate consumers for personal, family or household use. Therefore, the so-called “retail price per unit” is the price for a single unit of the infringing goods which the infringer sells goods or services to ultimate consumers for their personal, family or household use.
Retail price per unit, Statutory damages
|Relevant statutes||Article 63, Paragraph 1, Subparagraph 3 of the Trademark Act (amended on August 25, 2010 and promulgated on September 12, 2010), Article 71, Paragraph 1, Subparagraph 3 of the Trademark Act (promulgated on July 1, 2012)|
- Release Date:2020-11-13