특허법상 증액손해배상제도에 대한 특허법원 2024. 10. 31. 선고 2023나11276 판결의 분석과 평가

Because the enhanced damages under the Patent Act went into effect on July 9, 2019, no decision was made to calculate enhanced damages until the Busan District Court 2023GaHap42160 decision because the lower courts had previously decided that if patent infringement occurred around July 9, 2019, the relevant provision could not be applied when interpreting Article 3 of the Supplementary Provisions of the old Patent Act. However, the Patent Court 2023Na11276 decision explicitly affirmed that enhanced damages could be applied even if patent infringement occurred around July 9, 2019. Additionally, the Patent Court defined “willful infringement” in Article 128, Paragraph 8, as meaning that the infringer commits an act of infringement while knowing that the act will result in patent infringement; thus, the Court determined that the defendant’s act is a willful infringement. Furthermore, after presenting eight factors in Article 128, Paragraph 9 analyzes each consideration and doubles the amount of compensatory damages for patent infringement occurring after July 9, 2019. The Patent Court Decision 2023Na11276 is the first appellate court decision to calculate enhanced damages and is significant as a “landmark decision” that serves as a guideline for lower courts seeking to apply the enhanced damages.