Article 337 is aimed at foreigners who infringe on the intellectual property rights of the United States. For patent infringements that occur in the United States, you can first apply to the court for a temporary injunction to prevent further expansion of losses before the judgment is issued. During the lawsuit, the plaintiff may require the infringer to compensate for infringement losses, attorney fees, etc., and may require the destruction of all infringing goods. At the same time, the court may impose a fine on the infringer based on the circumstances of the infringement.
The specific provisions are as follows:
Article 283 Injunction
When several courts have jurisdiction over the litigation cases in this part, they may issue them in accordance with the principles of equity. An injunction preventing the court from infringing upon any rights acquired by Letters Patent on such terms as it deems reasonable.
Article 284 Damages
After the court makes a ruling in favor of the petitioner, it shall award the petitioner compensation sufficient to compensate for the harm suffered. In any case, The amount shall not be less than the infringer's reasonable royalties for using the invention, as well as interest and litigation costs set by the court.
When the jury does not decide on damages, the court should assess them. Whether decided by a jury or by the court, the court may increase the amount of damages to three times the amount originally decided or assessed.
Courts may accept expert testimony to assist in determining damages or royalties that should be reasonable under the circumstances.
Article 285 Attorney's Fees
In exceptional circumstances, the court may also award the plaintiff to bear reasonable attorney's fees.