Study on the evaluation of the intellectual property value by the analysis of Judical Precedents
Project/Area Number |
25380604
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Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
Accounting
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Research Institution | Kokushikan University |
Principal Investigator |
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Project Period (FY) |
2013-04-01 – 2016-03-31
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Project Status |
Completed (Fiscal Year 2015)
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Budget Amount *help |
¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
Fiscal Year 2015: ¥130,000 (Direct Cost: ¥100,000、Indirect Cost: ¥30,000)
Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2013: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
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Keywords | 米国特許法 / 損害賠償額算定 / 逸失利益 / 確定実施料 / 合理的実施料 / 判例研究 / シミュレーション・モデル / 25%ルール / 知財価値評価 / 知財判例 / 25%ルール |
Outline of Final Research Achievements |
This paper, “Study in Judicial Precedents on Lost Profits Damages in U.S.A” is listed in Kokushikan Business Review, Vol. 5, Nos. 1&2 (Kokushikan University), March, 2016. Determining damages for infringement is one of the most important issues in patent litigation, and also there are many judicial precedents on damages in U.S.A. The statute, 35 U.S.C.§284 provides three models as lost profits, established royalty, and reasonable royalty for determining damages for infringement. Also the court has discretion in choosing methodology for asserting and computing damages in patent infringement case, but its limitation of court’s discretion is that award must be adequate to compensate for infringement and cannot be less than reasonable royalty. In this paper, I understood the case law on patent infringement damages has increasingly recognized the importance of economic principles, and also considered the damages by using the simulation approach.
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Report
(4 results)
Research Products
(1 results)