chapter  32
10 Pages

Determination of damages for trademark infringement by the separate unit retail prices approach in Taiwan

WithHao-Yun Chen

The dispute between the average unit retail price approach and the separate unit retail prices approach is protracted, but it seems distant from the core issue in assessing the actual damages suffered by trademark owners. The Taiwan Taipei District Court held that when multiple kinds of infringing products are involved in a trademark infringement suit, the damages claimed should be the sum of the damages for each kind of product that is calculated by multiplying each product’s retail price per unit by a certain number determined by the court. The present decision by the Supreme Court basically clarifies the dispute but provides little guidance on how the court should determine the size of the multiplier when the separate unit retail prices approach is applied. The Taiwan Taipei District Court and the intellectual property Court both found that the QGC had inadvertently infringed the trademark rights of the Picasso Ltd.