I discuss patent damages in China and Taiwan in my book at pages 353-60, 370-72. For a more detailed discussion of the law of reasonable royalties under Taiwanese and Chinese law, check out the current issue of the Chicago-Kent Journal of Intellectual Property, which has an article by Professor Chung-Lun Shen titled Reasonable Royalties and the Calculation of Patent Damages: Reflections and Recommendations for a Fair and Adequate Calculating Basis of Reasonable Royalties in Terms of Harmonization of China-Taiwan Regional Patent Laws. Professor Shen notes, among other things, that until the amendments which went into effect on January 1, 2013, the Taiwanese statute did not explicitly provide for awards of reasonable royalties (although courts sometimes awarded them nonetheless). If I get around to publishing a second edition of my book someday, as I hope I will, I will definitely cite this paper.
Thanks very much, Professor Cotter. Very welcome for your comments. I am also reading your masterpiece "The Comparative Law and Economics of Strandard-Essential Patents and Frand Royalties". The great paper enlightenes me very much. I get a research project on SEP and FRAND Licensing. I sincerecly hope that I could go to Minnesota to meet wih you next year (2014). I have submitted the abstract of a paper to LAS. If they accept my request for the presentation, I would be there.
ReplyDeleteBest Regards,
Chung-Lun