著作權法上 特許法 제128조 제1항의 導入與否에 관한 小考

A Study on Introducing the article 128, clause 1 of Patent Law in Copyright Act

It seems to be necessary to introduce the article 128, clause 1 of Patent Law in Copyright Act. The details of Article 128 (1) in Patent Law are as follows. Article 128 (1): Where a patentee or exclusive licensee claims compensation from a person who has intentionally or negligently infringed a patent right or exclusive license for damages caused by the infringer's transfer of infringing articles, the amount of damages may be calculated by multiplying the number of transferred articles by the profit per unit of the articles that the patentee or exclusive licensee might have sold in the absence of said infringement. In such case, said compensation may not exceed an amount calculated by multiplying the estimated profit per unit by the amount obtained by subtracting the number of articles actually sold from the number of products that the patentee or exclusive licensee could have produced: Provided, that where the patentee or exclusive licensee was unable to sell his or her product for reasons other than infringement, a sum calculated according to the number of articles subject to said circumstances shall be deducted. <Newly Inserted by Act No.6411, Feb. 3, 2001>