Article 151
(1) Damage suffered by the right owner includes actual loss and loss of revenue.
(2) Loss of revenue, depending on the choice of the right owner who suffered damages, shall be calculated according to one of the following evaluation methods:
a) The potential revenue to be gained by right owner if the competition by the person inferring the industrial property right had not existed.
b) The net revenue obtained by the person infringing the industrial property right.
c) License fee to be paid by the person who infringed the industrial property right, if this person used this right through a license agreement in accordance with the law.
(3) In calculation of loss of revenue; factors such as economic importance of industrial property right in particular or the number, time and type of licenses related to industrial property right during infringement action and the nature and size of violation shall be taken into consideration.
(4) In calculation of loss of revenue; in the event that one of the evaluation methods specified in the subparagraph (a) or (b) of the second paragraph is selected and if court reaches the conclusion that industrial property right has been the determinant factor in creating the demand to that product, then the court shall decide that an equitable share be added in the calculation of revenue.
(5) In case of infringement of patent rights; if the court reaches the conclusion that the patent owner did not fulfil the obligations to use the patent as foreseen by this Code, loss of revenue shall be calculated according to the subparagraph (c) of the second paragraph.
(6) The provisions of this Article shall not be applied in case of infringement of geographical sign or traditional product name.