Taiwan: Triple damages awarded in design patent lawsuit
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

External counsel for automotive companies explain how trends such as AI and vehicle connectivity are affecting their practices and reveal what their clients are prioritising
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
The winners of the awards will be revealed at a gala dinner in New York City on April 25
Counsel debate the potential outcome of SCOTUS’s latest copyright case after justices questioned whether they should dismiss it
Each week Managing IP speaks to a different IP lawyer about their life and career
The small Düsseldorf firm is making a big impact in the UPC. Founding partner Christof Augenstein explains why
The court criticised Oppo’s attempts to delay proceedings and imposed a penalty, adding that the Chinese company may need to pay more if the trial isn’t concluded this year
Miguel Hernandez explains how he secured victory for baby care company Naterra in his first oral argument before the Federal Circuit
The UPC judges are wrong – restricting access to court documents, and making parties appoint a lawyer only to have a chance of seeing them, is madness
The group, which includes the Volkswagen, Seat and Audi brands, is now licensed to use SEPs owned by more than 60 patent owners
Gift this article