CHAPTER VI : Protection of Patentee
Article 126【Injunction, etc., Against Infringement】
(1) A patentee or exclusive licensee may demand a person who is
infringing or is likely to infringe on his patent right to discontinue
or refrain from such infringement.
(2) A patentee or an exclusive licensee acting under paragraph
(1) may demand the destruction of the articles by which the act
of infringement was committed (including the products obtained
by the act of infringement in cases of a process invention for
manufacturing the products), the removal of the facilities used
for the act of infringement, or other measures necessary to prevent
the infringement.
Article 127【Acts Deemed to be Infringement】
The following acts shall be deemed to be infringements on a patent
right or an exclusive license:
(ⅰ) in the case of an invention of a product, acts of making,
assigning, leasing, importing, or offering for assignment or lease
articles used exclusively for producing such products; and
(ⅱ) in the case of an invention of process, acts of making, assigning,
leasing, importing or offering for assignment or lease articles
used exclusively for working such a process.
Article 128【Presumption, etc., of Amount of Damage】
(1) Where a patentee or exclusive licensee claims compensation
for damages from a person who has intentionally or negligently
infringed a patent right or exclusive license, the profits gained
by the infringer as a result of the infringement shall be presumed
to be the amount of damage suffered by the patentee or exclusive
licensee.
(2) Where a patentee or exclusive licensee claims compensation
for damages from a person who has intentionally or negligently
infringed a patent right or exclusive license, the pecuniary amount
which he would normally be entitled to receive for the working
of the patented invention may be claimed as the amount of damage
suffered by the patentee.
(3) Notwithstanding paragraph (2), where the amount of actual
damages exceeds the amount referred to in paragraph (2), the amount
in excess may also be claimed as compensation for damage. In such
a case, the court may take into consideration the fact that there
has been neither willfulness nor gross negligence on the part
of the person who has infringed the patent right or the exclusive
license when awarding damages.
Article 129【Presumption of the Patented Process to Manufacture】
In the case of a patent for an invention of a process to manufacture
a product, where such product was not publicly known in the Republic
of Korea prior to the filing of the patent application concerned,
any identical product shall be presumed to have been manufactured
by that patented process.
Article 130【Presumption of Negligence】
A person who has infringed a patent right or exclusive license
of another person shall be presumed to have been negligent regarding
such act of infringement.
Article 131【Recovery of Reputation of Patentee, etc.】
Upon the request of a patentee or exclusive licensee, the court
may, in lieu of damages or in addition thereto, order the person
who has injured the business reputation of the patentee or exclusive
licensee by intentionally or negligently infringing the patent
right or exclusive license to take necessary measures to restore
the business reputation of the said patentee or exclusive licensee.
Article 132【Submission of Documents】
In litigation relating to the infringement of a patent right or
exclusive license, the court may, upon the request of a party,
order the other party to submit documents necessary for the assessment
of damages caused by the infringement. However, this provision
shall not apply when the person possessing the documents has justifiable
reason for refusing to submit them.
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