통상실시권의 당연대항제도에 관한 연구

Abstract

If the patent owner transfers his patent right to a third party, a nonexclusive licensee could be placed at a loss of his right on the patent license agreements. So the nonexclusive licensee who has registered his right may assert his right to the third party(new patent owner) under Korea and Japan patent law. But recently, Japan patent law abolished this regulations and has granted the nonexclusive licensee without registeration to assert his right to the new patent owner. Because there are only a few nonexclusive license registeration and protection for the nonexclusive licensee is needed in Japan. The nonexclusive licensee without registeration may not assert his right to the new patent owner under Korea patent law. there are only a few nonexclusive license registeration and protection for the nonexclusive licensee is also needed in Korea just like Japan. To have this new regulations in Korea patent law, the practiceses like dudiligance and the harmony with prior legal principles must be studied heavily.