試題詳解

23 Which of the following statements regarding patent remedies under the R.O.C. Patent Act is incorrect?
(A) The patentee can choose any one of the three available methods of calculation of damages under Article 97, para. 1 of the R.O.C. Patent Act.
(B) Where the inventor’s right to be indicated as such is infringed, the inventor may request for necessary disposition(s) to have his/her name indicated or to restore the impaired reputation.
(C) The rights to claim for patent infringement damages should become extinguished if not exercised within 2 years after the patent infringement takes place.
(D) Where the patent infringement is found to be intentionally committed, the court may, upon request and on the basis of the severity of the infringement, award the damages greater than the loss suffered but not exceeding 3 times of the proven loss.