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

Among the substantive issues of patent law, patent enforcement has received increasing focus in the global community. Owing to the intangibility of patents, and in view of the symmetry of exclusive rights with damages, courts and juries have difficulty calculating appropriate damages for patent infringement. Compared with the traditional calculation of patent damages, which rests upon the patentee’s losses or infringer’s profits, the basis of reasonable royalties provides a flexible concept for accommodating damages when the patentee cannot adequately prove damages, especially, when the patented or infringing products were not available in the market at the time of infringement. Until the amendment of Taiwan’s Patent Act in 2011, the authority of reasonable royalties as patent damages was not officially codified. China’s Patent Act had recognized the remedy of patent infringement subject to reasonable royalties since 2000. In light of the development of comparative patent laws and original jurisprudence guiding patent law, the provisions of Taiwan’s Patent Act and China’s Patent Act concerning reasonable royalties as patent damages still have room for refinement. Consequently, this article attempts to establish an optimal model for applying related provisions in future judicial practice. The proposed model could contribute a common guideline for the determination of reasonable royalties to the regional harmonization of patent laws in Taiwan and China

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

Among the substantive issues of patent law, patent enforcement has received increasing focus in the global community. Owing to the intangibility of patents, and in view of the symmetry of exclusive rights with damages, courts and juries have difficulty calculating appropriate damages for patent infringement. Compared with the traditional calculation of patent damages, which rests upon the patentee’s losses or infringer’s profits, the basis of reasonable royalties provides a flexible concept for accommodating damages when the patentee cannot adequately prove damages, especially, when the patented or infringing products were not available in the market at the time of infringement. Until the amendment of Taiwan’s Patent Act in 2011, the authority of reasonable royalties as patent damages was not officially codified. China’s Patent Act had recognized the remedy of patent infringement subject to reasonable royalties since 2000. In light of the development of comparative patent laws and original jurisprudence guiding patent law, the provisions of Taiwan’s Patent Act and China’s Patent Act concerning reasonable royalties as patent damages still have room for refinement. Consequently, this article attempts to establish an optimal model for applying related provisions in future judicial practice. The proposed model could contribute a common guideline for the determination of reasonable royalties to the regional harmonization of patent laws in Taiwan and China

Intellectual Property Rights and International Free Trade —New Jurisprudence of International Exhaustion Doctrine Under Traditional Legal System

The interaction between the exhaustion of intellectual property rights and the parallel importation has been being one of the most controversial issues under International intellectual property laws. Consequently, the main purposes of this article is to assure that intellectual property law—in particular, the exhaustion doctrine—is best fit to deal with the issue of the conflict between intellectual property rights and International free trade. Meanwhile, this article is also to determine that the International exhaustion doctrine is the optimal legal model for the harmonization goal through examining the theoretical arguments and observing legal experience in the global community

How Social Anxiety and Social Factors Influence and Moderate Social Commerce

Following the fast growth of social networking sites (SNS) such as Facebook, Twitter and LinkedIn in the cyber world recently, social commerce has become an important emerging issue on the Internet. Researchers have studied not only online factors but also offline factors, according to the offline-to-online consumer-behavior model. Hence, this study applied approaches to social anxiety, online social interaction and online social support to comprehend the influences of social commerce intentions. After the research survey collected data from SNS (Facebook) users for one month, the researcher analyzed the data and made several findings. First, social anxiety positively moderates the relationship between online social support and social commerce intention. Second, online social interaction directly and indirectly affects social commerce intention through online social support. Theoretical contributions and managerial implications are also discussed, providing several future research directions and suggestions for scholars and SNS operators, respectively

The Emergent Landscape of Detecting EGFR Mutations Using Circulating Tumor DNA in Lung Cancer.

The advances in targeted therapies for lung cancer are based on the evaluation of specific gene mutations especially the epidermal growth factor receptor (EGFR). The assays largely depend on the acquisition of tumor tissue via biopsy before the initiation of therapy or after the onset of acquired resistance. However, the limitations of tissue biopsy including tumor heterogeneity and insufficient tissues for molecular testing are impotent clinical obstacles for mutation analysis and lung cancer treatment. Due to the invasive procedure of tissue biopsy and the progressive development of drug-resistant EGFR mutations, the effective initial detection and continuous monitoring of EGFR mutations are still unmet requirements. Circulating tumor DNA (ctDNA) detection is a promising biomarker for noninvasive assessment of cancer burden. Recent advancement of sensitive techniques in detecting EGFR mutations using ctDNA enables a broad range of clinical applications, including early detection of disease, prediction of treatment responses, and disease progression. This review not only introduces the biology and clinical implementations of ctDNA but also includes the updating information of recent advancement of techniques for detecting EGFR mutation using ctDNA in lung cancer