국제특허침해소송의 재판관할권 판단기준에 관한 연구 - 국제적 비교법적 연구를 바탕으로 -

Abstract

Worldwide distribution of patented products and infringement of patent across the nations has intensified due to the rapid globalization since the establishment of WTO. Also patentee's sense of right has matured compared to the past. Moreover worldwide invention capital, which only acquires patent right and manages or exercises it without production or R&D. Al these have resulted in the growth of the number of international patent infringement suit. Special consideration should be given to international patent suit, especially in the sense of jurisdiction unlike domestic infringement case. International jurisdiction is the matter of which nation's court has the authority to try cases with the element of conflict of laws. It is important issue not only for the competent court but for litigants because it determines the nation of which the court litigants should file a suit in. Traditionally dispute over intellectual property right can be divided into dispute over industrial property and dispute over copyright. Industrial property needs to be analyzed differently from copyright because industrial property has tendency for strong protection according to principle of territoriality and it has own processes, such as registration, unlike copyright. Discussion about international infringement of intellectual property right has not been taken enough so far. Though study of international copyright infringement has taken place in part, international patent suit has not been researched much. Therefore it is necessary to set a standard for jurisdiction of international patent suit. This article will cover following issues : First, principle of territoriality in patent right and its limit will be discussed. Second, a standard for jurisdiction of international patent suit will be sought by international and comparative legal study. Third, improvement in jurisdiction of international patent suit will be suggested by studying and criticizing related laws and cases in Korea in a way of comparative legal study. Fourth, specific standards for jurisdiction for major issues in international patent suit will be researched intensively.