As readers may be aware, China’s IP laws now authorize up to quintuple damages for the intentional or malicious infringement of IP rights that causes serious consequences. I was not aware until just recently, however, that South Korea enacted similar legislation last year, applicable to patents (and, by extension, to utility models and plant variety rights) and to trade secrets. The relevant provision of the patent act is section 128(8), and the current text (in Korean) can be found at https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/ko/kr/kr332ko_1.pdf. For further discussion, there are several English-language discussions by Korean IP practitioners, including here, here, and here. Enhanced damages remain out of bounds in Japan, however, while to my knowledge Taiwan so far has stuck with at most treble damages enhancements for certain IP rights, including patents.
In other (albeit somewhat related) news, I am pleased to note that I have now turned in the manuscripts of my two pending book projects, Wrongful Patent Assertion: A Comparative Law and Economics Analysis, and Remedies in Intellectual Property Law (the former to OUP, the latter to Elgar). I now plan to take a work and blogging break for the next two weeks, with the blog resuming on or about July 7.
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