새로운 지식재산 사법제도의 구축

Abstract

The purpose of this article is to study how to establish a better refined IP Law System. In Japan, the national committee for Enhancing IP Law System has actually performed a remarkable reform in the field of IP Law System. Now they have concentrated in connection with jurisdiction and venue patent disputes in a few courts. Moreover they have allowed the attorney to advocate patent case, of course only with ordinary lawyer. In Korea, something good happens almost every day in IP Law System. However, it's contributions to industry are not sufficient. The author suggests a significant transform of the fundamental infrastructure for the industry. His proposal follows like this: The first reform suggestion he starts with IP courts, i. e. court system for adjudicating patent cases. He demands the current Patent Court cover not only the validity matters but also the infringement proceedings. And the validity trial should be handled by the current Patent Court instead of PTO. The second is aimed at the patent judge. He put an emphasis on the cooperation between law judges and technical judges in the matter of IP related disputes. So he proposes that at the Patent Court the attorney attend the trial as judge. The third proposal is related with the scope of attorney's representative. Under current law system the korean attorney can not handle over the infringement cases. As the question of whether Intellectual Property Right is indeed infringed or not is seldom under control of the ordinary lawyer, it would be very resonable, if the client could resort to the mutual cooperation between the ordinary lawyers and the attorneys. This makes the author insist, for the benefit of the industry the attorney should appear in infringement court with his partner attorney.