특허권의 간접침해와 국제거래에서의 시사점

• 영문명: Indirect Infringement on Patent Rights and Its Policy Implication in International Trade
• 발행기관: 충북대학교 법학연구소
• 저자명: 신혜은(Shin Hyee Un)
• 간행물 정보: 『과학기술과 법』제7권 제1호, 51~80쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.06.30

영문 초록

Patent is an exclusive right. Therefore, whoever uses the patent right without authorization is responsible for the patent infringement. In cases in which the claim consists of several elements, the principle is that only the act using all the elements as a whole constitutes patent infringement, and using only part of the elements is not considered as an act of patent infringement. However, if partial infringement on a patent right is always excluded from patent protection, it can result in certain valid patent useless and the patent holder can not be substantially protected. Therefore, many countries regulate such an act as an instance of indirect infringement or secondary infringement under their patent laws. This article reviews the provisions for indirect infringement under the Korean Patent Act and recent leading cases thereto. In case the places of direct infringement and indirect infringement are different, if direct infringement occurred abroad but indirect infringement occurred in Korea or vice versa - in accordance with the provisions of the law that vary from country to country, the same issues may lead to different conclusions. This article explores this diversity from a comparative perspective focusing on the U.S. patent law, the Japanese law, the European law and the Chinese law as a representative law with the Korean patent law in the center of the comparative analysis.

목차

Ⅰ. 들어가며

Ⅱ. 특허권의 간접침해

Ⅲ. 대법원 2015. 7. 23. 선고 2014다42110 판결

Ⅳ. 반제품의 수출과 간접침해

Ⅴ. 마치며

참고문헌

Abstract

키워드

특허권 구성요소완비의 원칙 간접침해 국제거래 속지주의 Patent rights All element rule Indirect infringement International trade The territorial principle