특허법 역외적용 개념의 분석적 고찰

• 영문명: A study on the extraterritorial application of patent law using Geman and US cases
• 발행기관: 충북대학교 법학연구소
• 저자명: 박윤석(Pak, Yun Seok)
• 간행물 정보: 『과학기술과 법』제9권 제2호, 1~28쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.12.30

영문 초록

The territorial principle is the guiding principle of patent law, and it includes the extraterritorial application of patent law conflicts. The Supreme Court of United States decided that a patent owner was entitled to profits lost outside of the US due to patent infringement under 271(f)(2). An infringer had sent components of a patented system abroad, where they were assembled into a system by a third party that then competed for the patentee’s business by undercutting the patentee’s price. The Supreme Court of Germany(BGH) has held that the foreign supplier can be held liable for patent infringement of its customers in Germany even if the supplier itself only delivers outside of Germany. The supplier is liable if there are specific enough circumstances to make it appear obvious that its customers will deliver its products to Germany and offer them there. These cases are related to a foreign activity that occurred outside of the country of patent registration. However, these case are not related to the extraterritorial application of patent law. The purpose of regulating indirect infringement activity in the country of patent registration is essential in these cases. In my opinion the extraterritorial application of patent law means that a kind of indirect infringement is not required for a valid direct infringement of patent.

목차

Ⅰ. 서론

Ⅱ. 특허법 역외적용의 특수성

Ⅲ. 특허법의 역외적용이라 불리는 사례의 분석

Ⅳ. 특허법 역외적용에 대한 새로운 관점

Ⅴ. 결론

키워드

특허법 역외적용 간접침해 직접침해 미국 특허법 제271조 (f) Patent Extraterritorial application Indirect infringement Direct infringement 35 USC 271(f)