Korea Copyright and IP Infringement Damages Calculator

Compare Korean copyright and IP damages through infringer profit, rights-holder loss, royalty, statutory damages, punitive damages, and litigation cost.

Copyright and IP Inputs

Best mid estimate

₩8,100,000

Best range

₩5,670,000 - ₩10,530,000

Recommended method

infringer profit

Litigation cost range

₩4,618,500 - ₩14,488,500

Five-Method Comparison

Calculation methods checked
5
Aggravation rate
35%
Mitigation rate
0%
Net amount range after cost
₩0 - ₩3,481,500
Cost ratio
118%

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What Is the Korea Copyright and IP Infringement Damages Calculator?

This calculator estimates damages for Korean copyright, patent, trademark, design-right, and trade-secret infringement. It compares infringer profit, rights-holder loss, reasonable royalty, statutory damages, and punitive damages where supported by the selected right.

The English calculator reuses the Korean pure function. It keeps the Korean legal structure for commercial use, intent, post-notice conduct, duration, quantity, revenue, profit rate, market value, royalty rate, registration status, aggravating factors, and mitigating factors.

Important Note

A source credit alone does not usually make unauthorized use lawful. License scope, fair use, registration, proof of creation, warning history, and commercial exploitation should be reviewed before choosing settlement or litigation.

Five Calculation Methods

MethodMain basisPractical use
Infringer profitRevenue multiplied by profit rate and contributionUseful when the infringer gained measurable revenue
Rights-holder damageLost sales, annual revenue, unit profit, and quantityUseful when the rights holder can show diverted demand
RoyaltyMarket value or revenue multiplied by normal license rateOften used when direct loss is hard to prove
Statutory damagesCopyright statutory-damage frameworkUseful for registered works and proof difficulties
Punitive damagesUp to a multiple of actual damage for qualifying industrial-property infringementRelevant to intentional patent, trademark, design, or trade-secret cases

Numerical Standards Preserved

  • The Korean content references statutory copyright damages up to KRW 10 million per work for non-profit infringement and up to KRW 50 million per work for commercial infringement.
  • Punitive damages for patent, trademark, design-right, and trade-secret cases can be modeled up to 3 times the underlying damage where the legal conditions are selected.
  • Civil damage limitation should be reviewed separately from criminal complaint deadlines and online takedown procedures.
  • The calculator adds filing fee, service fee, lawyer fee range, appraisal fee, net amount, and cost ratio to help compare settlement and litigation economics.

Evidence and Enforcement

The Korean page emphasizes immediate preservation: screenshots with URL and date, web archive records, electronic notarization, creation files, first publication records, registration certificates, and license terms.

Typical response steps include a warning or certified notice, Copyright Commission mediation, criminal complaint for intentional infringement, civil lawsuit for damages, injunction where urgent, and platform reports including overseas DMCA-style takedown when relevant.

FAQ

Can an unregistered copyright still be protected?

Yes. Copyright arises on creation, but registration can make proof of authorship and creation date easier and can matter for some statutory-damage analysis.

Why are IP rights and copyright in one calculator?

The Korean model covers copyright works and industrial-property rights together because damages often require comparing profit, loss, royalty, statutory, and punitive approaches across rights.

Legal Use Notice

This English page translates and adapts the Korean calculator content for Korea-based estimates. The interactive calculator reuses the same Korean pure calculation function as the Korean page, so the numerical result is aligned with the Korean service. It is an estimation tool, not legal advice for a specific dispute.