Damages caluculation (partial design)
(1) Average royalty rate for textile products is 6.1%.
(2) Plaintiff invested time and effort in developing this design.
(3) This design contributed considerably to the sales of the Defendant’s products.
(4) There is a perfect competitive relationship between Plaintiff and Defendant, as a result, it was not assumed that Plaintiff granted Defendant a license at an average rate.
⇒ The royalty rate is 15% (Admitted around 1million yen)
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>