2008년 지적재산법 판례 연구

Abstract

There are not a few decisions of Korean courts in 2008 which should be reviewed theoretically on the level of intellectual property law, including, but not limited to, civil law and criminal law. Primarily, the objective of this paper is to examine and review judgements concerning intellectual property law rendered by the Supreme Court in 2008. On the particular occasion for need, exceptionally this paper reviews the lower courts decisions including the Patent Court decisions concerning intellectual property law. This paper is composed of six parts. Part I is the introduction. Part II points out some problematic cases with the patentability of business method invention, the novelty of selection invention, inventive step standard, and reviews the cases of the scope of protection for patent, the interpretation of patent claim. Part III reviews the cases associated with distinctiveness acquired through use, taking into account a issue which have been debated surrounding whether or not the acquired distinctiveness should be interpreted at the time the application was filed, and analyzes the remedy for trademark infringement including domain name issues. Part IV reviews the cases regarding the infringement of integrity right, injunctive relief to copyright’s indirect infringement of joint tortfeasor by aiding, and addresses choice-of-law rule for the injunction for copyright infringement and right to claim damages. Part V examines the cases concerning the passing-off person’s goods or services against well-known mark, the protection of trade secret. Part VI is the conclusion.