Patent Law

The Office of Intellectual Property Protection of Japan's Ministry of Economy, Trade and Industry wrote the above titled article about possible remedies in the case of patent infringement.

In regard to civil remedies from the court for patent infringement, it is possible to seek an injunctive order against the infringement, demand damages, demand restitution for unjust enrichment, or seek measures for recovery of reputationon such infringement. Further, if the infringement case turns criminal, the alleged infringer may be found punishable as a result of court criminal procedures.

The introduction to the discussion on Demanding Damages states:

You may demand damages from the person who manufactures, sells, or imports counterfeits infringing on the patent at issue.While it is necessary to prove various facts and issues in order to demand damages, such activities to provide evidence might more often than not involve significant difficulties. Therefore, provisions regarding the calculation of damages are set forth in the statute (Patent Law Article 102). And, the infringer's intent or negligence, a prerequisite for demanding damages, will be presumed to exist in such infringement (Patent Law Article 103). Thereby, the Patent Law makes it easier for the patentee to bring suit for damages against the infringer.

Read the full article here.