An International Guide to
Patent Case Management for Judges

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7.7.3 Other remedies Measures to restore credibility

Article 106 of the Patent Act provides that, on the request of a patentee, the court may order the person(s) who harmed the business credibility of the patentee by intentionally or negligently infringing the patent right to take measures necessary to restore the business credibility of the patentee in lieu of or in addition to compensation for damages. However, the court rarely grants such requests.282 Return of unjust enrichment

A patentee may claim the return of unjust enrichment under civil law against a person who has “benefited” from the patentee’s patent right “without legal cause” and “thereby caused loss” to the patentee.283 For example, when a person works a patented invention without obtaining a license, the patentee may claim the return of an amount equivalent to a hypothetical license fee. A patentee typically claims unjust enrichment when the three-year statute of limitations has run against a claim for damages.284