A new direction for calculating damages for trade secret infringement
In addition to the usual ways of calculating damages for the owner of an infringed trade secret, i.e., his actual loss or the infringer’s net profits as a result of infringement, whether and under what circumstances can courts resort to R&D costs as a proxy for damages, if at all? How may courts...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2021
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/3894 https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99517041802601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Trade%20secret%20protection:%20Asia%20at%20a%20Crossroads&offset=0 |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | In addition to the usual ways of calculating damages for the owner of an infringed trade secret, i.e., his actual loss or the infringer’s net profits as a result of infringement, whether and under what circumstances can courts resort to R&D costs as a proxy for damages, if at all? How may courts determine the R&D costs for a specific trade secret? What factors shall a court take into consideration when awarding punitive damages? |
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