Trial & Lawsuit
Jurisdiction of patent infringement lawsuits is concentrated in five (5) District Courts (in Seoul, Busan, Daegu, Daejeon, and Gwangju) and the Patent Court (2nd) located in the High Courts.
| Litigation for Injunction against Infringement, etc. |
In addition to a patentee, an exclusive licensee can also claim the litigation. In addition to a case in which there is a current infringement (direct infringement), it is possible to request prohibition against preliminary infringement (indirect infringement) If there is a risk of infringement, prevention of infringement can be claimed. |
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| Litigation for Damages |
Requirements : Patent Infringement + Intentional/Negligence + Damage + Causal Relationship between Damage and Infringement Compensation for Damages : Based on an amount of damage of a patentee, an infringer may claim an amount equivalent to the infringer’s profits or royalties that would normally be received. If the infringement is intentional, compensation can be obtained up to three (3) times the calculated amount of damage. |
| Litigation for Patent Infringement Injunction |
Requirements : If there is a risk of significant damage to the rights holder if left unattended until final trial on merit (necessity of urgent preservation) Usually taking four (4) to five (5) months |
| Criminal Prosecution |
Criminal punishment is also possible (if any, offense subject to complaint) Offense of Infringement : Imprisonment for not more than seven (7) years, or a fine not exceeding one hundred (100) million won (under Patent Act 225) |