試題詳解

10 Which of the following statements regarding patent remedies is correct?
(A) A patentee of an invention patent may demand a person who infringes to stop only when it is proven that the infringement occurs due to intentional act or negligence.
(B) A non-exclusive licensee may claim for damages in case an infringement of invention patent occurs due to intentional act or negligence.
(C) The patentee can freely choose any one of the three available methods of calculation of damages under Article 97, para. 1 of the R.O.C. Patent Act.
(D) The damages, if calculated based on the profit earned by the infringer as a result of patent infringement under Article 97, para. 1, sub-para. 2 of the R.O.C. Patent Act, the right to claim damages shall become extinguished if not exercised within fifteen (15) years after the patentee has become aware of the damages and the person liable for damages.