일본의 특허쟁송 제도의 특징에 관한 연구 - 법원의 시스템과 관할을 중심으로 -

Abstract

In accordance with the Law for Establishing the Intellectual Property High Court, the Intellectual Property High Court was established on April 1, 2005, as a special branch within the Tokyo High Court in Japan. The Patent Act of Japan has civil and criminal remedies for actions against infringement of patents and administrative remedies in patent lawsuit system. The Japan patent office handles cases related to patent trials and lawsuits against trial decisions are handled by the Intellectual Property High Court on administrative remedies. Currently, only the civil lawsuits and the administrative lawsuits regarding patents are handled by the Intellectual Property High Court and thus it has been suggested that the Intellectual Property High Court also should handle the criminal lawsuits regarding patents together in Japanese academic circles. Our country's system is very similar to patent lawsuit system in Japan but there are unique characteristics in each remedy of patent lawsuit system in Japan. Such things will suggest us many things about the operation of the patent lawsuit system in our country. In particular, it is necessary to refer to characteristics and issues of patent lawsuit system in Japan in order to solve the problems of the exclusive jurisdiction on the patent lawsuits concerning the criminal cases and the exclusive jurisdiction on the lawsuits concerning patent right, etc..