특허권의 실효성 확보를 위한 가중적 손해배상제도의 도입에 대한 연구

Korean patents are now at stake. it's because too high rate of invalidity and too low amount of damages allowed by the court. Detection ratio in enforcing Korean patents are in a stage of peril. Patent Infringement system has to be reconsidered from the bottom till the end. Reasonable Royalty after Hypothetical Negotiator's negotiation is one of the ideal for Patent Infringement system in Korea which is same as the other tort claims. However, considering the long time of recovery, difficulties to prove the infringement et cetra we have to leave the traditional idea of recovery system of the patent holders from the traditional ideas. Enhanced Damage Mechanism which is to allow treble or double damages to the calculated damages at a specific case has to be introduced to Korean patent system. ith the rarely allowed Injunctive relief and low detection ratio, introduction of Enhanced Damage Mechanism is very urgent. In this article I suggested a bill of Korean Patent Law. Comments and discussions will make this bill more workable.