7.7.3 Other remedies 7.7.3.1 Measures to restore credibility Article 106 of the Patent Act provides that, on the request of a patentee, the court may order the person(s) who harmed the business credibility of the patentee by intentionally or negligently infringing the patent right to take measures necessary to restore the business credibility of the patentee in lieu of or in addition to compensation for damages. However, the court rarely grants such requests.282 7.7.3.2 Return of unjust enrichment A patentee may claim the return of unjust enrichment under civil law against a person who has “benefited” from the patentee’s patent right “without legal cause” and “thereby caused loss” to the patentee.283 For example, when a person works a patented invention without obtaining a license, the patentee may claim the return of an amount equivalent to a hypothetical license fee. A patentee typically claims unjust enrichment when the three-year statute of limitations has run against a claim for damages.284 There has been one decision. However, it relates to trade mark infringement (Article 106 of Patent Act applies mutatis mutandis to trade mark infringement. Shōhyōhō (Trade Mark Act), Act No. 127 of April 13, 1959, art. 39). In this case, the court ordered the infringer to publish an apology in a newspaper as a measure necessary to restore the business credibility of the trade mark owner. Osaka Chihō Saibansho (Osaka Dist. Ct) March 11, 2008, no. 1288 Hanta 242 (Daks Simpson Group Public Limited Company v. Steilar C. K. M. Co. Ltd).Civil Code, art. 703.The statute of limitations is counted from the time when the patentee becomes aware of the infringement.