특허권의 정당성에 관한 이론의 전개와 전망

• 영문명: Patent Theories of Justification and its Current Development
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 나종갑(Jong-Khab Na)
• 간행물 정보: 『비교사법』比較私法 제17권 제1호, 561~607쪽, 전체 47쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

The Justification of patent has long been debated by scholars. The debates would be divided into two class at large. One is based on the natural rights. The other is based on the Utilitarian aspect. The first possession, Lockean and Hegelian theories are categorized as the natural law justification, whereas economic based reward theory, contract theory, law and economics, prospect theory, patent-induced theories, rent-dissipation theory, race-to-invent theory are utilitarian and economic based theories. Historically, the debates had been focused on the justification of monopoly on the intangible property. In recent, however, the debates have been changed the justification to the proper patent institution under civil society. Thus, we might understand the reason that the non-obviousness requirement for the acquiring patent came on a hop-pot. The natural rights perspective is still alive. Whenever the new paradigm of intellectual properties such as data base, business model, comes, we call the natural rights justification for the protection of those matters. In the western jurisprudence of intellectual property law, the justification of monopoly on the intangible property begins as the first step to scholastic approach. The western jurisprudence has a strong point to this work.

목차

Ⅰ. 서설

Ⅱ. 자연법상의 권리 (Natural Rights)

Ⅲ. 실정법상의 권리 (Institutional Rights)

Ⅳ. 결론: 현대적 의미

키워드

특허권 저작권 정당성 재산권 로크 헤겔 선점원칙 보상이론 계약이론 전망이론 동기이론 발명장려이론 지대이론 법경제학 실용주의 Patent Copyrights Justification Locke Hegel Reward Theory Contract Theory Law and Economics Prospect Theory Patent-Induced Theory Rent-Dissipation Theory Race-to-Invent Theory Utilitarianism