A patentee may demand a person who infringes or is likely to infringe a patent right to stop or to prevent such infringement.272 In other words, injunctive relief is available when a patentee can prove that the patent right is being infringed or it is highly probable that the patent right will be infringed in the future. When the patent is jointly owned, each owner has the right to seek an injunction.
The required infringement includes both direct infringement and indirect infringement – that is, the acts deemed to constitute infringement in Article 101 of the Patent Act. The acts deemed to constitute infringement do not include all acts of aiding and abetting and are limited to the acts stipulated in Article 101. Injunctive relief does not require any intention or negligence by the infringer.
The patentee may demand measures necessary for the prevention of such infringement, including the disposal of products that are infringing, as well as the removal of facilities used for the act of infringement.273 The scope of such measures must be limited to those necessary for the prevention of infringement and must always be accompanied by a demand to stop infringement.