4. When an enterprise violates the Fair Trade Act, can the victim claim damages?
Article 29 of this Act states that if any enterprise violates any of the provisions of this Act and thereby infringes upon the rights and interests of another, the injured may demand the removal of such infringement, or if there is a likelihood of infringement, prevention may also be claimed. In addition, Article 30 states that any enterprise that violates any of the provisions of this Act and thereby infringes upon the rights and interests of another shall be liable for resulting damages.
If the infringement was intentional, at the time of filing a claim for damages, the injured party may request that the court take into consideration the nature of the infringement and award damages greater than the actual damages incurred but not exceeding three times the amount of proven damages. Where the infringing party gains from its act of infringement, the injured may request assessment of the damages based exclusively on the monetary gain to such infringing party. No claim for damages will be allowed unless the right is exercised within two years after the claimant becomes aware of the act and the person liable for the damages; nor will a claim be allowed after a lapse of ten years from the time of the infringing conduct. In filing a suit with a court in accordance with this Act, the injured may request the content of the judgment to be published in a newspaper at the expense of the infringing party.
Relevant article(s) of law: Fair Trade Act, Articles 29 and 30
Updated at：2016-02-22 16:30:17