Hong Kong, China
Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Procedimientos y recursos civiles y administrativos
[Questions posed to the US only] 1. Are there any statutory minimum damages for intentional or negligent intellectual property infringements? If yes, is the judiciary content that its judicial discretion has been curtailed?
In the case of copyrights, 17 U.S.C. § 504(c) provides statutory damages, which a copyright owner may elect instead of actual damages. For each work infringed, the minimum amount that can be awarded under the section, based on the circumstances, is US$200 and the maximum is US$100,000. As apparent from the amounts, judges have considerable discretion in determining the actual amount awarded and, therefore, would not likely consider their discretion unreasonably curtailed. In the case of patents, damages may not be less than a reasonable royalty for the use made of the invention by the infringer if the infringer had notice that the invention in question was patented. A substantial amount of discretion is involved in determining what would be a "reasonable royalty". See 35 U.S.C. §§ 284 and 287.