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December 29, 2005

Japan To Up Patent Infringement Penalties

The Japan patent office has decided to seek legislation next year to update its maximum patent infringement penalties for companies, from ¥150m ($130 million) to ¥300m ($258m). The patent office is expected to request a maximum penalty for patent infringement by individuals of ¥5m ($4.3m) and up to five years in prison. The penalties exclude licensing fees. The changes sought would take effect in 2007.

Besides the concept of financial penalty, but excluding criminalizing patent infringement with imprisonment, the United States, adhering to the concept that patents are a grant of exclusivity, since 1819 has offered the patent infringement remedy of injunction, precluding further use of patented technology by non-licensees. In North America, possible application of injunctive relief has provoked outcry in the widely publicized case of NTP v. RIM.

Posted by Patent Hawk at December 29, 2005 10:27 AM | International

Comments

I like "five years in prison" part...

But seriously, the current situation with big corporations deliberately infringing on valid patents owned by small entities can be quickly remedied by introducing short prison terms for corporate executives found guilty of *willful* patent infringement.

I am not asking for five years, just one week in prison would be more than enough for an average fat corporate pig...
Right now they are not risking anything at all, no personal liability, nothing...

Posted by: small guy at December 29, 2005 11:44 AM