특허법상 징벌적 손해배상제도 도입에 관한 연구 - 개인발명가 및 중소기업 보호를 중심으로 -

When a large company infringed the patent right of Individual Inventors & small and medium enterprises, it is difficult that they win their suit for various reasons, and if so, the problems that they receive compensation for a little damages. Due to these problems, it is necessary to revise the provision related to damages and to introduce punitive damages system in the Korean Patent Act. To introduce this system, however, there are many problems to solve; a sharp distinction between civil responsibility and crime responsibility, double punishment with offence of infringement(the Korean Patent Act Article 225), and patent troll and its vexatiousness. Accordingly this paper deals with the problems of damages system in the existing Korean Patent Act, examples of legislation of other countries on punitive damages and many problems to solve if introducing this system. In conclusion, this paper suggests the legislation to introduce punitive damages in the Korean Patent Act; (1) a method to introduce punitive damages completely, (2) a method to introduce punitive damages limited to reasonable royalty or (3) a method to introduce punitive damages limited to reasonable royalty and only individual Inventors & small and medium enterprises. However, this paper emphasizes the last method among above suggestions in order to protect individual Inventors & small and medium enterprises prior to large company and in order to introduce punitive damages system step by step. So this paper hopes to help protect the patent right of individual Inventors & small and medium enterprises.