Taiwan: Triple damages awarded in design patent lawsuit

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Cookies Settings

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

On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
Gift this article