1. Treble Damages

The Korean Patent Act adopted treble damages for intentional infringement of patents and intentional misappropriation of trade secrets effective since July 9, 2019.

2. Damages Regardless of the Patentee’s Maximum Production Capability

Under the Korean Patent Act currently in effect, the amount of damages is determined by multiplying the amount of profit per unit of the patentee by the number of infringing goods. However, the upper limit of the number is the maximum production capability of the patentee.

The Korean Patent Act has been amended on May 20, 2020 to disregard the limit of the maximum production capability and goes into effect from December 2020.