특허권의 공동소유에 관한 법률관계

• 영문명: A Study on Joint Ownership of the Patent Rights
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 최영덕(Young-Duk Choi)
• 간행물 정보: 『비교사법』比較私法 제14권 제3호(상), 637~672쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.29

영문 초록

  It is said that no less than companies attempt to do joint research and study with universities or research centers. Therefore, it is common to have joint ownership with joint parties. On the other hand, lots of companies have struggled with bankruptcy since economy slump in 1998, so it is inevitable to claim on the basis of the joint ownership of patent rights.
  On the legal construction of joint ownership, a common view gives an explanation that joint ownership is a situation for ownership to be belong to the number of people being dived quantitively. Partition claim right is one-sided claim right that does away with existing part-owners relation over all or partially and generates legal relation dividing common property to each joint owners.
  In relation to judicial precedents basing on the theory of ownerships competition and on the theory of quantitive dividing, joint ownership disputes have increased. As it is, it became necessary to protect patent rights. According to the case law in this disputes, it is clear to have judgment on the ground of joint ownership rules.
  The intellectual property law has becomes a precondition affecting national competitiveness in 21st century. However, it is totally different even if each country has holed a patent law. That"s why it is confronted by forum shopping among international lawyers of the intellectual property.
  Judicial jurisdiction has substantial practical importance in international litigation. The importance derives from the role of judicial jurisdiction in deciding forums in which an international disputes can be litigated. Therefore, making contracts, it is very important to make clear agreements in international jurisdictions as forum selection has vital consequences for results of many international disputes.

목차

Ⅰ. 서설
Ⅱ. 공동발명의 주체와 발생원인
Ⅲ. 공동발명에 대한 관리
Ⅳ. 공동발명자의 쟁송상 지위
V. 국제적 공동발명과 관련한 문제
Ⅵ. 결론
【참고문헌】
[Abstract]

키워드

특허권의 공동소유 공동연구 지적재산 특허소송 포럼쇼핑 Joint Ownership of Patent Rights Joint Research Intellectual Property Patent Litigation Forum Shopping