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Subject |
Patent's Protection(1)-Infringement |
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2 |
Name |
IP_Park |
Date |
2003/10/31 15:51:20 |
Homepage |
http://www.ippark.com |
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Infringement and Remedies to Patent Right
Under the Korean Law System, each intellectual property right is protected under the relevant law respectively. The following descriptions pertain to infringement and remedies of patent rights under the Patent Act in Korea.
I. Infringement
A.Determination of Infringement
The scope of protection of a patented invention is determined based on the wording of the claims of the patent. The claims must define only the elements which are indispensable for the constitution of the invention in all aspects to obtain the greatest advantage. Therefore, it is common to determine infringement based on a review of whether an alleged infringement involves all the elements defined in the claims.
B.Direct Infringement
The working of a patented invention without the consent of the patent holder or without obtaining a license on the patent constitutes a direct infringement of the patent or the exclusive license of the patent. The Patent Act defines the meaning of "working" as follows depending upon the types of invention involved:
(i)In case of a product invention, the acts of manufacturing, using,transferring, leasing or importing the product, or subscribing for the ransfer or lease of the product (including the display for transfer or lease; hereinafter the same shall apply);
(ii)In case of a method invention, the act of using the method; and
(iii)In case of a method invention for manufacturing a product, in addition to the acts in (ii) above, the acts of using, transferring, leasing or importing the product manufactured by means of such method, or subscribing for the transfer or lease of the product.
C. Indirect Infringement
In case of a product invention, indirect infringement includes the acts of manufacturing, transferring, leasing or importing as a business an article used solely for manufacturing the product, or subscribing for the transfer or lease of the product; and in case of a method invention, the acts of manufacturing, transferring, leasing or importing as a business an article used solely for working such process, or subscribing for the transfer or lease of the article. |
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