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

Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
Palińska is the business & IP law lead at CD Projekt Red in Poland
Schwitulla is the head of litigation management at Nokia in Germany
David Degen is senior IP counsel at Novartis, Switzerland
Gift this article