Determination of damages for violations of intellectual property rights Patent type

Abstract

Research on “Determination of damages for violations of intellectual property rights Patent type” aims to study theoretical concepts. Legal measures and the problem of claiming damages In the case of patent infringement and petty patents According to the Patent Act, B.E. 2522, in order to suggest ways to amend the law to provide a true and more efficient remedy for damages that have occurred than is currently possible.

             It is document research (Documentary Research) by researching information from Thai and foreign textbooks and legal texts, articles, training documents, research, information from websites on the internet. as well as Thai and international judgments related to the determination of damages from rights violations. in patents and petty patents

             From the study it was found that Legal principles used to determine criminal and civil damages and penalties. In the case of infringement of patent and petty patent rights that is currently used Unable to repair the real damage that the victim has suffered. This is because there is a lack of determination of damages that are appropriate to the damage that the injured party receives from the infringer's actions. Therefore, it is considered that damages should be determined in addition to The actual damages that the injured person has received should be based on the principle of compensation for the profits or benefits that the wrongdoer has received to the injured person.  Adding it to the Patent Act can be considered a good solution for the injured party to receive the most accurate compensation for their damages. And it is more fair than it is today.