An International Guide to
Patent Case Management for Judges

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8.9.1 Offense not punishable against the victim’s will

Previously, patent infringement was an offense subject to prosecution only upon complaint, meaning that it could not be prosecuted without the victim’s complaint. However, with the amendment of Article 225(2) of the Patent Act on October 20, 2020 (partial amendment by Law No. 17536), patent infringements committed thereafter became an offense that cannot be prosecuted against the express will of the victim but are prosecutable without the victim’s official complaint.