NEWSLETTER-2017

297 INTELLECTUAL PROPERTY LAW Lawsuit on Negative Clearance Any and all persons who have an interest may demand from the right owner to submit its opinions as to whether the commercial or industrial activities conducted, or to be conducted, are forming an infringement upon such owner’s trademark right. In the event of no response by the right owner within one month as of the notification of such demand, or in the event of non-acceptance of the answer by the interest owner, the interest owner may initiate a lawsuit as to whether the subject activities form an infringement. However, notification of such demand is not stipulated as a condition of such a lawsuit. Compensation Persons committing the infringement actions on the trademark rights are obliged to compensate the right owner. Damage suffered by the right owner consists of the material loss and loss of profit. Loss of profit is calculated according to one of the following methods depending on the preference of owner of the right: • The potential income that the owner of the right may generate in the event of absence competition of the person infringing the trademark right; • The income generated by the person infringing the trademark right; or • License fee that should have been paid in the event of usage of such right legally through a license agreement. Termination A trademark right terminates in the events of invalidity, revoca- tion, withdrawal and non-renewal.