Taiwanese corporate sponsor of the 2017 Taipei Universiade is ordered to pay TWD 1 million damages for patent infringement
E190306Y1 | Apr. 2019（E233）
Da Ai Technology Co., Ltd. (大愛感恩科技公司; “Da Ai”) sponsored the 2017 Summer Universiade in Taipei and distributed 100,000 pieces of sport foldable fans as giveaways bearing the universiade mascot bear, Bravo. Da Ai purchased the steel ring frame of the sport foldable fans from Chen Chia Industrial Co., Ltd. (晨嘉實業有限公司; “Chen Chia”) with the steel ring frame manufactured by a Chinese supplier entrusted by Chen Chia. However, Lucky Special International Co., Ltd. (台灣吉特公司; “Lucky Special”) filed a lawsuit against Da Ai and Chen Chia, alleging that the two companies infringed Lucky Special’s utility model patent titled “flexibility structure for flat-plate type object” by the steel ring frame used in the sport foldable fans distributed in the 2017 Taipei Universiade as giveaways.
This matter was brought to the Taiwan IP Court for trial. Taipei IP Court rendered a judgment against Lucky Special in the first-instance proceedings, and Lucky Special appealed this case to have it tried in the second instance proceedings. In the second-instance proceedings, the infringement alleged against Chen Chia was sustained and Da Ai was held to be responsible for its negligence and failure in fulfilling its obligation of inspection. A final judgment favorable to Lucky Special was passed with binding effects to award Lucky Special TWD1 million in damages to be jointly and severally payable by Chen Chia and Da Ai. (March 2019)