Protection Act for the traditional intellectual creations of indigenous peoples Article 19

(Method of Calculating Damage Compensation)When making a claim for damage compensation, the infringed party can calculate damages according to any one of the following methods of calculation:1. Making claim in accordance with the provisions of Article 216 of the Civil Code ; provided, when the the infringed party is unable to prove damages, its damages can be the difference between the expected profits that can generally be obtained and the profits that can be obtained from exercising the same intellectual creation right after infringement.2. Claim for the profits of infringers gained through infringement ; provided, when the infringer is unable to prove its cost or necessary expenses, the total revenue derived from the infringement shall be deemed to be its benefit. According to the provision in the previous paragraph, if it is difficult for the infringed party to prove the actual damages incurred thereby, the infringed party can request the courts to grant damage compensation in an amount no less than Fifty Thousand New Taiwan Dollars (NT$50,000) and no more than Three Million New Taiwan Dollars (NT$3,000,000) based on the degree of infringement. If the damaging activity was intentional and the matter serious, the compensation may be increased to Six Million New Taiwan Dollars.