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

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

As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
A team from White & Case has checked in on behalf of Premier Inn Hotels in a UK trademark and passing off case against a cookie brand
Litigation team says pre-trial work and a Section 101 defence helped significantly limit damages payable by ride-sharing firm Lyft in patent case
News of Avanci hiring a senior vice president and the EPO teaming up with a French AI startup were also among the top talking points
Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
The latest in a dispute over juicing machines, and a shakeup in judicial compositions were also among the top developments
Patent partner Robert Hollingshead explains why the firm remains committed to Japan despite several US firms exiting the Japanese and greater Asia market
Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Gift this article