특허법상 손해배상제도에 관한 연구 - 징벌적 손해배상제도 검토를 중심으로 -

As technology advances, the economic value of intangible property such as patent rights is increasing, and so is the number of infringements. There is a growing need for protection and relief. The subject of patent rights is intangible, and the existence and recognition of rights and protection targets are difficult due to their unique nature. In the event of a patent dispute, it is difficult to obtain relief through Article 750 of the Civil Code, which is a provision for claiming compensation for damages under civil law. In addition, patent rights have an intangible property nature, making it difficult to detect infringements. To protect against this, the Patent Act has special provisions for compensation for damages in Articles 130 and 128. Recently, if the intentionality of the infringer’s infringement is recognized, a provision has been added to Article 128 (8) and (9) of the Patent Act to allow for punitive damages up to three times the amount of damages. This punitive damages system is intended to punish those who maliciously infringe on patent rights and deter potential infringements by increasing the amount of damages. However, there are also several issues raised with the introduction of this punitive damages system in Korea. In Korea’s legal system, civil remedies and criminal remedies are clearly distinguished. On the other hand, the punitive damages system is a civil remedy with criminal characteristics, which can lead to double punishment. This can be resolved by abolishing Article 225 of the Patent Act, which is a criminal regulatory measure under the Patent Act, and maintaining the punitive damages system stably. In addition, the wording of Article 128 (9) of our Patent Act is somewhat ambiguous and controversial. One solution could be to revise the controversial wording in Article 128 (9).