특허권 공유에 관한 소송에 있어서 원고적격에 관하여

Abstract

In modern society, as the state-of-the-art technology developed rapidly, joint research and development between a company and university or between a company and government is increased in number and thus the co-ownership of patent right are increasing rapidly. Also, the dispute as to the co-ownership of patent right have increased. In this dispute, an important issue that needs to be addressed is whether one of the co-owners in a patent co-ownership can maintain a action for an infringement when he appeals in the Court of Appeal without the join of the other co-owners. This issue is about the standing to sue in litigation as to co-ownership of patent right. This is influenced by legal characters of co-ownership of patent right. Because the legal characters gives the standards of judgment who will be the right person that has the standing to sue in litigation as to co-ownership of patent right. So this article, first of all, deal with the issues the legal characters of co-ownership of patent right thorough the research of the patent law related with co-ownership of patent right. In sequence, this article give the issue on the standing to sue in litigation as to co-ownership of patent right. Lastly, it give the revision direction for standing to sue in litigation as to co-ownership of patent right.