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Q137. Remedies for Patent Infringement

Q137. Remedies for Patent Infringement
 What kind of recourse is available for patent infringement in Japan?

A137. With regard to civil recourse for patent infringement, a patentee can seek an injunctive order, demand damages, demand restitution for unjust enrichment, and seek measures for recovery of reputation.
1) Injunctive Order
 A patentee can require a person who is infringing or is likely to infringe the patent right to stop or prevent such infringement.
2) Demanding Damages
 A patentee can demand damages from a person who has intentionally or negligently infringed the patent right. The Patent Law has some provisions relating to such damages, including Art. 102 (presumption of amount of damage), Art. 103 (presumption of negligence), Art. 104 (presumption of manufacture by patented process), and Art. 105 (production of documents).
3) Demanding Restitution for Unjust Enrichment
 Under certain circumstances, a patentee may demand restitution for unjust enrichment from a person who has infringed the patent.
4) Measures for Recovery of Reputation
 Upon request of a patentee, the court can order a person who has damaged a patentee’s business reputation to take measures to recover the damaged reputation.