국제지적재산소송에서 정보제공의무의 확대에 따른 절차법상 연구

• 영문명: The Strategy and Procedural Risk against the Patent Litigation in an International Infringement of the patent
• 발행기관: 원광대학교 법학연구소
• 저자명: 최영덕(Choi, Young-Duck)
• 간행물 정보: 『원광법학』제28권 제3호, 263~285쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.30

영문 초록

The purpose of this article is to study how to establish a better refined IP Law System an The Code of Civil Procedured . We have concentrated in connection with jurisdiction and venue patent disputes in a few courts. Moreover We have allowed the attorney to advocate patent case, of course only with ordinary lawyer. In Korea, something good happens almost every day in IP Law System. However, it's contributions to industry are not sufficient. The author suggests a strategy against the patent litigation in an international infringement of the patent The Code of Civil Procedure need to prepare the validity law for the effectuation of a treaty but also the infringement proceedings. And the validity trial should be handled by the current Patent Court . The prepartion is aimed at the patent judge. We put an emphasis on the cooperation between law judges and technical judges in the matter of IP related disputed nation. this article proposes that at the Patent Court related with the international agreement-South Korea – United States Free Trade Agreement (KORUS) or Free Trade Agreement Republic Koreaanad the European Union. under current law system. As the question of whether the Proof's Law against Intellectual Property Right is indeed infringed or not is seldom under control of the ordinary The Code of Civil Procedure, it would be very resonable, if not the problem happen to the parties concerned or an interested party.

목차

Ⅰ. 서 론

Ⅱ. 민사소송에서의 정보제공의무와 비밀보호

Ⅲ. 국제지적재산소송에서 정보제공의무확대와 한계

Ⅳ. 정보제공의무에 대한 소송법적 대응

참고문헌

Abstract

키워드

지적재산권 특허소송 국제민사소송 한미무역협정 한ㆍEU 무역협정 비밀심리제도 정보공개청구 개지절차 불법행위 손해배상 문서제출명령 patent litigation a procedural risk an international infringement of the patent an internationail party suit joining settlement and execution the patent's characteristics and legal attribute