Korean Patent Law prescribes several computation methods in Article 128 on the calculation of compensation for damages resulting from patent infringement. Those are 1) the computation method defends on the sale quantity of infringer, 2) the computatio...
Korean Patent Law prescribes several computation methods in Article 128 on the calculation of compensation for damages resulting from patent infringement. Those are 1) the computation method defends on the sale quantity of infringer, 2) the computation method defends on the profit of infringer, 3) the computation method defends on suitable royalty, 4) the approval method of the suitable amount of damages by the court in the case of proof difficulty for the amount of damages. This research gives priority to the introduction and examination of the judgments of korean every grade courts over the direct demonstration regarding the legal principles of computation methods for damages resulting from patent infringement. This research also introduces and examines the reasonable royalty, the aggravative compensation(the punitive damages), the stipulating compensation in the law, etc., from among the amendment discussion of patent law regarding the computation methods for damages resulting from patent infringement. This research suggests reasonableness or unreasonableness on the amount of compensation for damages resulting from patent infringement as found Korean judgments in the last about 10 years through examining Korean judgments.