著作權法上 特許法 제128조 제1항의 導入與否에 관한 小考

• 영문명: A Study on Introducing the article 128, clause 1 of Patent Law in Copyright Act
• 발행기관: 세창출판사
• 저자명: 정충원(Chung-Won Jeong)
• 간행물 정보: 『창작과 권리』2010년 가을호 (제60호), 109~144쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.09.01

영문 초록

It seems to be necessary to introduce the article 128, clause 1 of Patent Law in Copyright Act. The details of Article 128 (1) in Patent Law are as follows. Article 128 (1): Where a patentee or exclusive licensee claims compensation from a person who has intentionally or negligently infringed a patent right or exclusive license for damages caused by the infringer's transfer of infringing articles, the amount of damages may be calculated by multiplying the number of transferred articles by the profit per unit of the articles that the patentee or exclusive licensee might have sold in the absence of said infringement. In such case, said compensation may not exceed an amount calculated by multiplying the estimated profit per unit by the amount obtained by subtracting the number of articles actually sold from the number of products that the patentee or exclusive licensee could have produced: Provided, that where the patentee or exclusive licensee was unable to sell his or her product for reasons other than infringement, a sum calculated according to the number of articles subject to said circumstances shall be deducted.

목차

Ⅰ. 序說

Ⅱ. 特許法 제128조 제1항의 도입취지

Ⅲ. 特許法 제128조 제1항에 의한 損害額 算定

Ⅳ. 맺음말

참고문헌

Abstract

키워드

저작권침해 특허권침해 손해배상 손해액 산정 특허법 제128조 제1항 Infringement of Copyright Infringement of Patent Damages Calculation of Damages Article 128 clause 1 of Patent Law