Patent Infringements
Since a patent is, by its nature, an exclusive right to take advantage of a certain invention, the value of a patent depends, to a significant degree, on the proactivity of the patent holder in monitoring and sanctioning possible infringements.
The most important remedies of the patent holder include the possibility to bring actions for injunction and damages. The infringement action shall be brought before the Market Court, and the court may, subject to certain conditions, grant an interim injunction for the duration of the proceedings. The infringing party may be required to pay a reasonable compensation for the exploitation of the patent. In practice, compensation corresponding to normal license fees is deemed reasonable, and it does not depend on whether the patent holder has incurred actual damage due to the infringement or not. In case of willful or negligent infringement, the infringing party may, in addition, be ordered to compensate the patent holder for possible damages.
A willful infringement may also be punishable as a violation of a patent right, for which a fine may be sentenced, or as an industrial property right offence, for which a fine or a maximum of two years’ imprisonment may be sentenced. The charge of willful infringement shall be brought before the District Court of Helsinki.