국제지적재산소송원칙의 개요와 활용방안에 대한 연구

Abstract

Hague Conference on Private International Law drafted a DraftConvention on Jurisdiction and Foreign Judgments in Civil andCommercial Matters in 1999. This Draft failed to attract wide supportfrom the Member countries. Especially, the Draft did not succeed inharmonizing the interests of the Member countries in terms ofintellectual property rights. As soon as this Hague project appeared tobe unsuccessful, the legal scholars in America, Europe, and Asia (i.e.,Korea and Japan) had engaged in new projects in order to proposeprinciples applicable to transnational intellectual property disputes in anenforceable way. Globalization and complexity of international IPdisputes and the development of the Internet have naturally resulted inthe birth of these projects. These projects has yielded the Principles theIntellectual Property: Principles Governing Jurisdiction, Choice of Law,and Judgments in Transnational Disputes(hereinafter ‘ALI Principles’)drafted by the American Law Institute on May 14th, 2007, thePrinciples for Conflict of Laws in Intellectual Property drafted by theEuropean Max Planx Group on December 1st, 2011(hereinafter ‘CLIPPrinciples’), the Principles of Private International Law on IntellectualProperty Rights finalized jointly by private international law scholars inKorea and Japan on October 14th, 2010(hereinafter ‘The JointJapanese-Korean Proposal(Waseda Principles)’ or “Waseda-KoreanPrinciples”) and the Principles on International Intellectual Property Litigation approved by Korea Private International LawAssociation(‘KOPILA Principles’) on March 26th, 2010. This Article aims at delving into the overview of the KOPILAPrinciples and its application to legal practices. This Article concludesthat the KOPILA Principles can be applied to legal practices related toIP contracts and negotiation for bilateral IP-related treaty between twocountries, and play a key role as Asian model law, legislative materials,basic materials for creating case law, and international norms.