특허권침해소송과 재심청구의 제한 − 일본에서의 논의를 중심으로 −

Abstract

The patent validity may be considered in the civil court and the patent court at the same time in Korea and Japan patent law system. It is called 󰡐double track system.󰡑But the most difficult problem in the double track system is discrepancy between the two courts. The retrial in the field of patent infringement litigation may solve the discrepancy. On the other hand, the retrial may disturb the litigants' legal position, especially plaintiff's position and may delay legal proceedings. So Japanese 2013 revised patent law placed new regulations regarding limits on the retrial. The regulations need to be considered in korea patent law but it is too early to accept the regulations immediately because of difference in korea and Japan legal systems. I hope that a study on the retrial in the field of patent infringement litigation goes on in the future.