According to Paragraph 1 of Article 197 of the Civil Code in Taiwan, the claim for the injury arising from a wrongful act shall be extinguished by prescription, if not exercised within two years from the date when the injury and the person bound to make compensation became known to the injured person. The same rule shall be applied if ten years have elapsed from the date when the wrongful act was committed.
For a patent case, when the infringing actions continuously happen which result in continued damages, if each infringing action and damage exist respectively and can be distinguished from one another, the patentee’s right to claim for damages should be brought one after another. Consequently, the prescription should be calculated from the date when each infringing action and the person bound to make compensation become known to the patentee. This way could just look after both the legal order and the interests of the concerned parties well.
JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAW OFFICES
10-1FL., NO.23, SEC.1, CHANG-AN E. RD.,TAIPEI10441,TAIWAN, R.O.C
