Damages by the theory of _____ may be measured as the difference between the patentee's pecuniary condition af…

Question

Damages by the theory of _____ may be measured as the difference between the patentee's pecuniary condition after the infringement, and what its condition would have been if the infringement had not occurred.
(A) reasonable royalty
(B) infringer's profit
(C) lost profit
(D) compulsory licensing

Accepted Answer

正確答案為 C。 專利侵權損害賠償中，比較「侵權前後財務狀況差額」的理論稱為 lost profit（所失利益）。 (A) 【合理權利金】reasonable royalty（合理權利金）是以「假設雙方談授權會收多少錢」來計算，屬最低保障賠償，不是比較前後財務差額。 (B) 【侵權人利益】infringer's profit（侵權人所得利益）是以侵權方因侵權而獲得的利潤計算，角度是「侵權人賺多少」，不是專利權人損失多少。

Damages by the theory of _____ may be measured as the difference between the patentee's pecuniary condition after the infringement, and what its condition would have been if the infringement had not occurred.

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Damages by the theory of _____ may be measured as the difference between the patentee's pecuniary condition after the infringement, and what its condition would have been if the infringement had not occurred.

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