What kinds of criminal punishment are there for patent infringement?

Where a patent right or an exclusive license has been infringed or there is a risk of such infringement, through the right to claim prohibition of infringement, you may claim the destruction of the objects used to commit the infringing act, the removal of facilities, and the like.

In addition, civil liability such as a claim for damages or a claim for restoration of credit may follow, but above all, caution is needed because it may lead to criminal punishment through offenses such as the patent infringement offense or perjury.

Punishments related to patent infringement may include the patent infringement offense and the offense of perjury, the offense of false marking, and the offense of fraudulent conduct.

▶ Patent infringement offense

The offense of infringing a patent right or an exclusive license cannot be prosecuted against the explicit will of the victim, and it is punishable by imprisonment for up to 7 years or a fine of up to 100 million won.

In addition, where the infringer is a corporation, in addition to punishing the actor, the corporation is subject to a fine of up to 300 million won.

▶ Offense of perjury

A person who makes a false statement·appraisal or interpretation before the Intellectual Property Trial and Appeal Board is punished by imprisonment for up to 5 years or a fine of up to 50 million won.

▶ Offense of fraudulent conduct

A person who, through falsehood or other improper conduct, has obtained a patent, the registration of an extension of the term of a patent right, or a decision or ruling on an application to cancel a patent is subject to imprisonment for up to 3 years or a fine of up to 30 million won.