Indirect Infringement - Contributory Infringement

Korea does not have inducement clause within the Korean Patent Act. Thus, an inducement is outside the indirect infringement stipulations under the patent law. However, if one actively induced someone to infringe the third party patent, the active inducer might assume responsibilities for torts under civil law.

There is a specific provision regarding contributory infringement in the Korean Patent Act. Section 127 of the Patent Act stipulates that the act to make or use a non-staple part to construct a patented invention can amount to infringement of a patent right. According to the Supreme Court, a patentee assumes burden to prove that an alleged product is only for practicing the patented invention and is non-staple. In case the accused person is found to have knowledge of infringing behavior; commits a contributory act for direct infringement; and the accused product has no substantial non-infringing uses of the accused products, the accused person is liable for contributory infringement. The liability is the same as a direct infringement.