Practice question
Proved infringement caused losses, but the usual profit measures cannot readily be ascertained with reasonable certainty. Which Section 156.1 alternative may the court use?
- Only an invented flat penalty
- Only a patent royalty
- No damages can ever be awarded
- Only the defendant’s corporate age
- A reasonable percentage of gross sales or value of services connected with the infringing use
Legal references
- RA 8293, IP Code, Sections 138, 147-148, 151-159 and 168: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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