Jinwook Jung Proposes Introduction of Discovery System in Patent Infringement Lawsuits

Key Amendment to Patent Act Proposed
"Reducing the Burden of Proving Patent Infringement"

Jinwook Jeong, member of the Democratic Party of Korea.

Jinwook Jung, a member of the Democratic Party of Korea representing Gwangju Dongnam-gap, announced on August 29 that he has sponsored the “Patent Act Amendment Bill,” which aims to introduce an expert fact-finding (discovery) system so that patent holders can more effectively protect their rights in patent infringement lawsuits.

The amendment allows courts to appoint experts to conduct fact-finding investigations in patent infringement lawsuits and enables the direct collection of evidence necessary to determine infringement and calculate damages.

Additionally, in order to prevent the destruction or concealment of materials required to prove infringement or calculate damages during trials, the amendment clearly stipulates the legal basis for court-issued preservation orders. It also provides for the imposition of fines and other penalties for violations of such orders.

In fact, major countries such as the United States, Germany, and Japan already secure evidence through discovery systems during patent infringement lawsuits. If an infringer refuses to submit materials, courts in these countries may enforce submission or impose sanctions, such as making adverse inferences against the infringer.

Assemblyman Jung pointed out, “Under the current Patent Act system, most of the evidence needed to prove infringement or calculate damages is in the hands of the alleged infringer, making it difficult for the rights holder to secure evidence. As a result, there are repeated cases where affected companies and individuals are unable to receive proper remedies.”

He further explained, “The amendment seeks to improve the situation in which rights holders are at a disadvantage and to establish a system that allows courts to appoint experts for fact-finding or order the preservation of materials. This will make it possible to secure evidence more fairly and quickly during patent disputes.”

Assemblyman Jung emphasized, “Only when technology theft is eradicated and a fair dispute resolution system is established can a true innovation ecosystem be created. Eradicating technology theft is not just about protecting rights-it is directly linked to strengthening national competitiveness. We will reinforce legal and institutional support so that our companies can demonstrate global competitiveness within a fair framework.”

This content was produced with the assistance of AI translation services.