지적재산권의 준점유

Abstract

The Korean Civil Act Section 210 provides the quasi-possesion such that provisions of the possessory right shall apply mutatis mutandis to a property right that include an intellectual property where a person execrcises that de facto. By the way, the academic world of civil act and intellectual property might not study on the quasi-possesion of an intellectual property. The reason of that seems like that the act of an intellectual property has the provision to give the quasi-real rights. That does not prepare for all problem, however. The license agreement, especially, has the problem how to protect the licensee which includes a claim based on quasi-possessory right and fruits, but this problem could not be solved by the rule of an intellectual property. The obligee’s right of subrogation to obligor was used in the case of monopolistsic licensee by an existing theory and a precedent. That is useful protection, however, that does not give the proper protection in any case of the license. This paper deals with that problem to protect the licensee by the quasi-possesion and I hope that the further research can be performed in this area.