Answer ... Both permanent and preliminary injunctions are available.
Answer ... Permanent injunctions, if included in the relief sought in the complaint, are automatically granted when the patent owner wins.
Preliminary injunctions are granted only upon a showing of a “necessity to prevent material harm or imminent danger or other similar circumstances”. The necessity requirement should be determined based on the following factors:
- the patent owner’s likelihood of success in the (future) principal case;
- whether a preliminary injunction or lack thereof will cause irreparable harm to the opposing party or the patent owner, respectively;
- the degree of damage to both parties; and
- the impact on the public interest.
Answer ... The patent owner can choose one of the following methods for calculation of damages:
- an account of the patent owner’s profits lost due to the infringement;
- an account of profits that the patent owner would have otherwise gained from the patent, minus the account of profits actually gained after the infringement;
- an account of profits gained by the infringer attributable to the infringement; or
- reasonable royalties.
Answer ... See question 9.2.
Answer ... Yes. If wilful infringement is found, the patent owner may ask the court, at its discretion, to increase the total damages awarded up to triple the original amount (see also question 6.4).
Answer ... No criminal sanctions are available. However, the plaintiff may plead for destruction or other necessary measures to dispose of infringing articles and materials used in the infringing act, which is part of the civil remedies.
Answer ... See question 9.7.
Answer ... Attorneys’ fees are not recoverable, except for those incurred in third-instance proceedings (ie, at the Supreme Court.) In other words, the prevailing party at the Supreme Court level is entitled to request that the losing party bear attorneys’ fees up to a maximum of approximately US$16,600.
Answer ... See question 9.9.