판례로 본 국제적 지적재산권 침해 소송의 준거법 -최근의 하급심 판결을 중심으로-

Abstract

Recently, as part of the influence of globalization, many international intellectual property rights infringement cases have been brought in Korean courts. In international civil cases relating to the infringement of intellectual property rights, many difficult legal issues arise beyond those that are present in cases regarding general tangible property. Among other things, choice of applicable law is an essential issue in the international protection of intellectual property in that it can directly influence the means, extent and contents of protection of intellectual property. Although there have been many cases regarding this issue in foreign countries, in international intellectual property rights infringement cases our courts have generally applied Korean law only, and choice of law issues have rarely been ruled on by the courts or asserted by the litigants. However, the significance of choice of law issues in intellectual property rights infringement cases has increased internationally, and many requests have been made for the Korean courts to establish some principles in respect of this issue. Especially this year, unprecedented number of cases regarding choice of law issues in international intellectual property cases have been brought before the lower courts. Therefore, this study analyzes distinguishing features on international intellectual property infringement cases and attempt to identify standards for judging the choice of law in such cases.