Trademark Act Article 71Nov. 30, 2016

Calculation of damages

Damages demanded by the proprietor of a registered trademark may be calculated according to any of the following:

(1) the method provided in Article 216 of the Civil Code; the proprietor is entitled to demand damages based on the amount of the balance derived by subtracting the profit earned through using the trademark after infringement from the profit normally expected through using the same trademark, if no method of proof can be furnished to prove the damage suffered;
(2) the profit earned by the infringer as a result of trademark infringement; if no proof on costs or necessary expenses can be furnished by the infringer, the total amount of income from selling the infringing goods shall be presumed to be the amount of profit;
(3) the amount not more than 1,500 times of the unit retail price of the infringing goods; if over 1,500 pieces of infringing goods were found, the amount of damages shall be a lump sum of the market value of the infringing goods; or
(4) the equivalent amount of royalty that may be collected from using the trademark under licensing.

A court may, at its discretion, reduce the amount of damages referred to in the preceding paragraph if such amount is apparently unequal.

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Civil Code Article 216June 19, 2019

Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. "Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances.

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