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- Title
從德國新近之專利法修正談除去及防止 侵害請求權對於實現專利權價值之重要性.
- Authors
李素華
- Abstract
Remedies for patent infringement are designed to accomplish two goals. One is to compensate for the past infringement, and the other is to prevent future infringement. In the USA, the compensatory remedies play an importact role in the enforcement of patent right. By contrast, defendands usually run a significant risk of being ordered an injunction in Germay, even though the recent amendment of Patent Act introduces the requriement of Principle of Proportionality. This article argues that injunctive relief ensures the legal interests of patent right holders against future infringement which may have mareket effects never fully compensable in money.
- Subjects
PATENT infringement; INJUNCTIONS; PATENTS
- Publication
Taiwan Law Review, 2023, Issue 334, p165
- ISSN
1025-5931
- Publication type
Article
- DOI
10.53106/1025593133410