Taiwan: Triple damages awarded in design patent lawsuit

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Taiwan: Triple damages awarded in design patent lawsuit

This March, the IP Court awarded respective triple damages against an infringer on the ground of willful violation of both the Patent Law and the Fair Trade Act in an infringement lawsuit filed by HTC, a Taiwan-based smartphone maker.

Prior to the grant of a design patent for a novel smart phone protective case designed by HTC, HTC had sold the protective cases in the marketplace in collaboration with the release of its new smartphone. On the other hand, the defendant gained access to the particulars of the design in question at its research stage when seeking to be a protective case supplier. It also started selling counterfeits before the grant of the design patent. In view of this, HTC, apart from claiming its design patent right in the infringement lawsuit, averred that the infringer had committed unfair competition in the form of misappropriation prior to the grant of its design patent. While the claim made by HTC was upheld by the IP Court, the infringer was awarded to pay respective triple damages for willful violation of both the Patent Law and Fair Trade Act.

Since a design application filed in this country is subject to substantive examination, it takes time for the application to go through the examination procedure before maturing into a patent. In response to the shortened cycle of inception of a new product to its launch in the marketplace, it would be a sound strategy for a design patent owner to seek protection under the umbrella of the Patent Law and the Fair Trade Act against willful infringers when necessary.

Jun-yan Wu


Saint Island International Patent & Law Offices7th Floor, No. 248, Section 3Nanking East RoadTaipei 105-45, Taiwan, ROCTel: +886 2 2775 1823Fax: +886 2 2731 6377siiplo@mail.saint-island.com.twwww.saint-island.com.tw

more from across site and SHARED ros bottom lb

More from across our site

The Delhi High Court declined to stop Dr. Reddy’s from manufacturing Novo Nordisk’s drug, but will continue to hear the Danish company’s injunction application
More than 80 women have entered the top 250 list this year, which includes trailblazing practitioners from more than 50 jurisdictions
IP STARS, Managing IP’s accreditation title, reveals its latest trademark rankings and discloses which firms dominated their respective markets
Today’s rankings release marks a special moment in Managing IP’s calendar, and lawyers should feel proud of their achievements
A new dispute involving Mondelēz and Aldi, and a copyright ruling related to 'Eleanor’ Ford Mustangs were also among the top talking points this week
Via LA’s Qi wireless charging patent pool now covers more than 50% of all SEPs in the space
Vida Panganiban-Alindogan at SyCip Salazar Hernandez & Gatmaitan discusses IP valuation and why no IP practice area is more important than the other
The IP team at Morais Leitão discusses high-stakes litigation, strategic partnerships with clients, and bolstering cross-border expertise
Eszter Szakács discusses 5.30 am wake-ups, legal mind games, and eating Nutella in the middle of the night
Counsel explain how AI can create brand protection headaches, but also be used to fight fakes
Gift this article