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영어

In Korea, there was a revision of Patent law in 2001, to improve the difficulty in the calculation of the damages and the patent infringement lawsuits. The revision reflects that there are difficulty in intellectual property right protections under the former damage calculation protection systems. So, the frist clause and the fifth one of patent law 128 are newly established. In relation to the former rules, it shows it becomes better, but even now it fails to reveal that it doesn't compensate the people and institutions concerned, against the infringements of it. Compared to other legal claim lawsuits, patent infringements basically have lots of their specialized and related knowledges with their own variations and involve complexities and difficulties which make it hard to predict the results of the lawsuits Because of this, patent right owners are apt to fail not just in getting business fruits from and through their own development technology but also in assuring the desirable benefits from and through patent infringement lawsuits. It is easy that the Article 128 of patent law applies in calculating of the damages and the patent infringement lawsuits, considering the provision of Civil law on calculating of the compensation. The real profit claiming compensation for patent infringement, in spite of being the difficulty of proof damage and compensation, is in case that the proof of more damage than damage of the Article 128 of patent law and that material damage not being applied by the Article 128 of patent law