특허권 중재가능성에 관한 소고

• 영문명: A study on the Possibility of patent arbitration
• 발행기관: 한국중재학회
• 저자명: 윤선희 이헌희
• 간행물 정보: 『중재연구』 제22권 제1호, 111~130쪽, 전체 20쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2012.04.30

영문 초록

Judgment on the validity of patents on the subject of an arbitration does not. In other words, the occurrence of patents generated by the administrative action, and such administrative action by an authorized agency may be treated as legitimate until it is canceled. However, recent Supreme Court judgment on novelty and inventive step as well as judgments about the validity of the patent also made possible by the judiciary. This progress even in the mediation of an arbitral award which is premised on the validity of patents can be seen that possible. However, if the arbitration by an arbitrator if possible a certain portion of the limit exists. In other words, the effect of arbitration between the parties is valid. This patent is valid and invalid in arbitration even if the judgment relative to the effect ceases. In addition, the arbitration award and patent invalidation trial is in progress at the same time, if you consequently will reach a different conclusion. This can cause problems of double track. In addition, by extending the critical target recognition and enforcement in other countries can cause problems. Despite these problems, now about the validity of patents that it is possible intervention is necessary to discuss again.

목차

Ⅰ. 들어가며

Ⅱ. 중재 관련 규정 및 중재대상

Ⅲ. 특허권 유효성에 대한 대법원의 판단

Ⅳ. 특허권의 중재 가능성 및 한계

Ⅴ. 마치며

참고문헌

Abstract

키워드

중재 특허중재 특허중재가능성 진보성 arbitration patent arbitration validity of the patent inventive step