10.What will happen when someone infringe a patent right? (Civil punishments and Criminal punishments): We will explain about Civil punishments and Criminal punishments in an easy-to-understand manner with illustrations. (IPdash Tokyo intellectual property firm/ Patent Attorney Hisamitsu TOMEBA)

This is the 10th part of our seminar “Intellectual Property in Japan (Patent right)”.
“Civil punishments and Criminal punishments” in Japan will be explained in an easy-to-understand manner with slides.

  ☆     ☆     ☆

What happens if someone violate patent rights?
I will talk about punishments when violating patent rights.

An infringer is liable to compensate any damages or be demanded to stop such infringement (Civil Punishment: Compensate for damages, Right to seek injunction, Obligation to return unjust enrichment, and measures to restore credibility). An infringer may be punished by imprisonment or a fine (Criminal Punishment: imprisonment and fine). These are prescribed in Japan Civil Code or Japan Patent Act.

When violating patent rights and dedicated activities,
a infringer is liable to compensate the damages or be demanded to stop the infringement.
In other words, a infringer have to pay money or stop for manufacturing.

Claims for money include the ones for returning unjust enrichment, as well as the ones for compensating for damages.

If you are a patentee, you can exercise these rights to a infringer.

  ☆     ☆     ☆

An infringer is liable to compensate any damages or be demanded to stop such infringement. An infringer may be imposed on criminal punishment.

I’d like to wrap up with a summary of this part.
1. An infringer is liable to compensate any damages or to stop the infringement.
2. An infringer may be imposed on criminal punishment.

  ☆     ☆     ☆

By the way,
we rarely hear the news “Somebody was arrested for violating the Patent Act !” in Japan.
On the other hand, we sometimes hear the news “Somebody was arrested for violating the Trademark Act !”

  ☆     ☆

That’s all for Part 10 (Civil punishments and Criminal punishments).

IPdash Tokyo Intellectual Property Firm (Japan)

(To Part 09) (To Part 11)

(To List)