지식재산권 관련 불공정무역행위 조사사건의 관할집중 방안 연구

Abstract

Due to the establishment of a global intellectual property regulatory system, securing intellectual property rights has become a more important issue in international trade. As the importance of intellectual property rights in international trade increases, procedural improvement is needed to enhance the expertise and reliability of the KTC’s decision to investigate unfair trade practices in trade remedy cases. In general intellectual property cases, lawsuits on patent infringement are concentrated in the patent court, but although the KTC’s decision to investigate unfair trade practices is essentially an intellectual property matter, the objection procedure is carried out as a general administrative trial or administrative litigation. This is a situation that hinders professional judgment and reliability improvement of intellectual property rights. Major countries such as the United States, China, and Japan have already expanded and implemented jurisdiction concentration systems, and the case of CAFC in the United States, which has an investigation system for unfair trade practices similar to Korea, has great implications. Therefore, it is necessary to expand the concentration of jurisdiction on the case of investigation and decision on unfair trade practices, and to discuss in-depth the types and procedures of intellectual property rights subject to jurisdiction.