1Professor, Sungkyunkwan University Law School, Republic of Korea
2Ph.D Candidate, Sungkyunkwan University Law School, Republic of Korea
Correspondence to XueQiong Zhang, E-mail: zhangxq37@hotmail.com
Volume 20, Number 2, Pages 49-71, June 2025.
Journal of Intellectual Property 2025;20(2):49-71. https://doi.org/10.34122/jip.2025.20.2.49
Received on March 18, 2025, Revised on April 17, 2025, Accepted on May 30, 2025, Published on June 30, 2025.
Copyright © 2025 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.
This paper analyzes Patent Court Decision No. 2023Na11276 (the “Hongsan Gyeonggeumseok case”) in the context of determining the applicable timeframe for the treble damages system introduced by the 2019 amendment to the Patent Act. Article 3 of the Addenda to Act No. 16208 stipulates that the enhanced damages system shall apply to infringing acts that occur “for the first time” after the effective date of the amended Act. Previous case law has assigned legal significance to the phrase “for the first time,” holding that the treble damages system does not apply to a single, continuous act of infringement that commenced before the effective date. However, the decision in question interpreted “for the first time” as if it were nonexistent, thereby permitting the enhanced damages system to apply even to infringement that began prior to the effective date but continued thereafter. This paper critically examines the validity of that interpretation. By reviewing the legislative history of the enhanced damages system and evaluating the legal implications of the phrase “for the first time,” this paper proposes the following interpretive approach. Under the principle that a stututory language should be given meaning, the default approach should be to interpret “for the first time” as having meaning. Only when there are reasonable grounds indicating that such an interpretation is undesirable should it be permissible to treat “for the first time” as if it were nonexistent. This paper argues that the court’s decision neglects both the legislative history surrounding the inclusion of “for the first time” in the Patent Act and the necessity for this phrase, thereby committing an error in interpreting the term as if it were nonexistent. It is hoped that this analysis contribute to understanding the meaning of “for the first time” in various other statutes as well.
Patent Infringement, Intentional Infringement, Enhanced Damages, For the First Time, Statute Interpretation
No potential conflict of interest relevant to this article was reported.
The author received manuscript fees for this article from Korea Institute of Intellectual Property.