最近 日本의 知的財産紛争処理制의 改正에 대하여

• 발행기관: 한국민사소송법학회
• 저자명: 表昊建
• 간행물 정보: 『민사소송』제9권 제2호, 244~261쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.11.30

영문 초록

Study on a Reform for Trial System and Intellectual Property Lawsuit in Japan The experience with a dual track invalidation system in Japan involving both the JPO and the district courts demonstrates that both invalidation schemes are complementary and serve to increase the universe of issued patents that are challenged by third parties. The specific differences between the two invalidation options that are outlined in detail in this work indicate that while a patent may be challenged in both venues in the vast majority of cases, there are sound economic and institutional reasons for maintaining (or creating) a patent system with the ability to raise patent validity challenges in both the Patent Office and in the courts. In recent years, as the importance enforcing patent rights has grown, improvement of the procedural law-related aspects of such enforcement have been demanded. In the past, the procedural systems to settle disputes were revised several times with a view to “speeding up trials”. It is now necessary to consider further revisions so that disputes can be settled with a single procedure. In Japan, April 2000, the Supreme Court held in the Kilby case that enforcement of patent rights shall be deemed an abuse of right if a court handling a patent infringement lawsuit considers that there apparently exists a reason for invalidation of the patent right in question. As a result, it has become necessary to examine the relationship between judgments of invalidation rendered in the trial for invalidation at the Japan Patent Office and judgments of invalidation rendered by courts in lawsuit. In light of these circumstances, this study had widely taken up points at issue with respect to how the appeal system before the Patent Office and intellectual property lawsuits before courts should be, and then tries to consider measures for dealing with the situation.

목차

Ⅰ. 序論

Ⅱ. 制度改正의 背景

Ⅲ. 紛争処理制度改正의 経緯

Ⅳ. 2003年 審判制度改正의 概要 - 새로운 無効審判「特許無効審判」의 創設

Ⅴ. 2004年 審判制度関連改正事項의 概要 - 侵害訴訟과 無効審判의 関係等에 대하여

Ⅵ. 2004年 知的財産訴訟制度改正의 概要

Ⅶ. 特許庁에의 要請과 審判運用의 改善

Ⅷ. 結論

참고문헌

키워드

특허무효심판 침해소송 심결취소소송 지적재산분쟁 Patent Invalidation Processes Infringement Lawsuit Appeal System for Invalidation Intellectual Property Lawsuit