미국특허침해소송에서 한국의 특허전문가의 대리인 — 의뢰인 특권의 인정여부에 관한 연구 —

Abstract

Recently, Korean companies are threatened from patent infringement law suits in the US courts by patent trolls and other patent holders. Thus, Korean parties interesting defending in such law suits made a union to protect their interests by allying other interesting parties. In that consequence, information including patent strategies would be communicated with each other. Later, however, the communication can be disclosed by using a subpoena or through other discovery devices. In the civil procedure in the US courts, each party can request documents and other evidence from other parties and can compel the production of evidence by requesting, such as, productions of documents and depositions. Korea has two attorney systems for patent process at the KIPO and a patent court. The patent attorneys can represent their client both KIPO and the court. Byunrisa, similar to patent agent of the U.S., represents his client at the KIPO process and limited cases in the court which is subsequent process after issuance of a patent application. The attorney-client privilege applies to the communication between attorney and his client. It also applies to the communication between patent agent and his client after Sperry. However, it is unclear to apply the privilege to the communication between the foreign patent agent and his client. However, rationales of recent cases would suggest the privilege would apply the communication between the foreign patent including Korean patent agent, Byunrisa, agent and his client.