Indirect Infringement of Patent Rights Cases from the Taiwan IP Court

摘要

In the four judgments mentioned above, the requirements for a finding of indirect infringement, namely that "there should be a direct infringer and direct infringement", and that "a causal link must exist between the indirect infringer's acts and the result of the infringement", were all addressed, and the court's position on all counts were consistent. However, it would appear that, with respect to whether the instigation (inducement) or help (contribution) by the indirect infringer must be "intentional" or merely done out of "negligence", a firm conclusion has yet to be made. This issue prompts further observation in future cases.