According to the relevant IPR legislation, the court may make an order forbidding the person infringing the IPR from continuing or repeating the infringement. It is possible to pursue an independent action for injunction. Request concerning injunction can be made in civil cases as well as in criminal proceedings.
(Trademarks Act, Section 38; Patents Act, Section 57; Design Protection Act, Section 35; Utility Model Act, Section 36)
Any person who intentionally or by negligence infringes an industrial property right is liable to pay reasonable compensation for the damage caused by the infringement. In case of slight negligence, the compensation may be adjusted accordingly. In cases where the infringement is neither intentional nor negligent, the infringer shall pay compensation for the exploitation of the invention if and to the extent considered reasonable.
In copyright cases, the defendant cannot exculpate himself out of compensation to the holder of the infringed right for the infringing use (strict liability). In the case of wilful or negligent conduct, the infringer is to pay damages even for any other loss, for possible mental suffering and for other injury caused by the infringement, in addition to fair compensation.
(Trademarks Act, Section 38; Patents Act, Section 58; Design Protection Act, Section 36; Act on the exclusive right to the layout-design of an integrated circuit, Section 38; Utility Model Act, Section 37; Copyright Act, Section 57; Act on Damages and Tort Liability)
General provisions on damages deriving from non-contractual liability are included in the Act on Damages and Tort Liability. Coverable loss extends to all kinds of appraisable property damages, including litigation expenses. The amount of compensation is based on the court's assessment, where both the objective of material compensation as well as the specific circumstances are taken into account. Rules for the determination of the damages have been established in court practice in all fields of IPRs. Claims can be presented both in civil and criminal proceedings.
(c)Destruction or other disposal of infringing goods and materials/implements for their production
In IPR infringement cases, the court may prescribe, upon the demand of the injured party, that the infringing material (produced copies, manufacturing material or devices, etc.) shall be destroyed or altered or that such property be conveyed to the injured party against compensation covering manufacturing expenses, unless the acquirer of the infringing property in question has acted in good faith. Claims based on an infringement can be presented both in civil as well as in criminal proceedings.
(Copyright Act, Section 58; Trademarks Act, Section 41; Patents Act, Section 59; Design Protection Act, Section 37; Act on the exclusive right to the layout-design of an integrated circuit, Section 39; Utility Model Act, Section 38)
See point 10; provisional measures