A new direction for calculating damages for trade secret infringement

Publication Type

Book Chapter

Publication Date

8-2021

Abstract

In addition to the usual ways of calculating damages for the owner of an infringed trade secret, i.e., his actual loss or the infringer’s net profits as a result of infringement, whether and under what circumstances can courts resort to R&D costs as a proxy for damages, if at all? How may courts determine the R&D costs for a specific trade secret? What factors shall a court take into consideration when awarding punitive damages?

Keywords

Trade secret infringement, damages, R&D costs, Taiwan

Discipline

Asian Studies | Intellectual Property Law

Research Areas

Innovation, Technology and the Law

Publication

Trade secret protection: Asia at a crossroads

Editor

Kung-Chung Liu and Reto Hilty

First Page

209

Last Page

216

ISBN

9789403531045

Publisher

Wolters Kluwer

City or Country

Alphen aan den Rijn

Additional URL

https://worldcat.org/isbn/9789403531045

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