EU 단일특허와 특허법조약(PLT) 가입확대 등에 따른 글로벌 특허시스템 논의와 한국 특허법에 미치는 영향
The Impact of EU Unitary Patent and PLT Implementation as Global Patent System upon the Korean Patent Act
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
A recent discussion and relating efforts with regard to patent laws in EU, USA, and WIPO are focused on establishing new regulations of their own Patent Law in order to reduce the time and cost on patent application and its examination. They are also interested on minimizing their patent litigation cost against infringement. In light of a global patent reformation, this simply means that an applicant is granted a right to patent with a little expenditure. Moreover, an adaptation to Patent Law Treaty(PLT) shows that each country tries to harmonize the procedural steps to patent prosecution. This article examines the impact of global patent system such as EU Unitary Patent, PLT Implementation in USA, and their discussion on the Patent Law Harmonization of World Intellectual Property Organization upon the Korean Patent Act. In addition, it also focuses on seeking the patent policy and the legal framework for Korean Patent Progress. This article is composed of six chapters; after the first chapter refers on the problem approach in this article, the second chapter on the patent policy and its regulation from EU Unitary Patent and Unified Patent Court. Third chapter referring the recent Patent Act reformation and the PLT implementation in USA, and the fourth chapter examines the existing Korean Patent Act which has adopted and revised according to some provisions of PLT, even though Korea is not a member country of it. And the fifth chapter looks the impact upon the existing Patent Act with the eyes of global patent system and its relating patent policy, finally it gives a conclusive opinion to the progressive direction of existing Patent Act.
Abstract
A recent discussion and relating efforts with regard to patent laws in EU, USA, and WIPO are focused on establishing new regulations of their own Patent Law in order to reduce the time and cost on patent application and its examination. They are also interested on minimizing their patent litigation cost against infringement. In light of a global patent reformation, this simply means that an applicant is granted a right to patent with a little expenditure. Moreover, an adaptation to Patent Law Treaty(PLT) shows that each country tries to harmonize the procedural steps to patent prosecution. This article examines the impact of global patent system such as EU Unitary Patent, PLT Implementation in USA, and their discussion on the Patent Law Harmonization of World Intellectual Property Organization upon the Korean Patent Act. In addition, it also focuses on seeking the patent policy and the legal framework for Korean Patent Progress. This article is composed of six chapters; after the first chapter refers on the problem approach in this article, the second chapter on the patent policy and its regulation from EU Unitary Patent and Unified Patent Court. Third chapter referring the recent Patent Act reformation and the PLT implementation in USA, and the fourth chapter examines the existing Korean Patent Act which has adopted and revised according to some provisions of PLT, even though Korea is not a member country of it. And the fifth chapter looks the impact upon the existing Patent Act with the eyes of global patent system and its relating patent policy, finally it gives a conclusive opinion to the progressive direction of existing Patent Act.
참고문헌 (24)
- 특허법 일부개정법률안 심사보고서, "국회", ~ (2006)
- 특허법 일부개정법률안 심사보고서, "국회", ~ (2013)
- 특허법 일부개정법률안 심사보고서, "국회", ~ (2014)
- 신재호, "한국 지식재산법제의 발전과 그 국제적 위상- 저작권법의 과거, 현재 그리고 미래 -", 저스티스, 146(2), pp.354~386 (2015), 한국법학원
- 배대헌, "對症療法을 채용한 Bilski v. Kappos 사건판결 - MoT 기준은 죽고, BM 특허는 살아남다 -", 재산법연구, 27(3), pp.509~538 (2011), 한국재산법학회
- 배대헌, "In re Bilski에서 만난 ‘숲과 나무’論", IT와 법연구, (4), pp.27~61 (2010), IT와 법연구소
- 배대헌, "WIPO의 특허법 통일화 논의와 특허법상 수용에 관한 검토 - 특허법조약(PLT) 제5조에 규정한 특허출원일을 중심으로", 산업재산권, 11, pp.49~86 (2002), 한국지식재산학회
- 성태경, "특허의 질적 가치: 우리나라 특허권에 대한 집합적 특성 분석을 중심으로", 지식재산연구, 8(3), pp.99~120 (2013), 한국지식재산연구원
- 심미랑, "기술혁신에 있어서 특허활용의 역할 및 법제도적 개선방안", 기술혁신학회지, 16(3), pp.809~838 (2013), 한국기술혁신학회
- 국내 산업에 미치는 영향을 고려한 특허법조약 가입 시기 연구, "특허청", ~ (2009)
- "Patent Rights, Product Market Reforms, and Innovation" (2014)[URL]
- Adam B. Jaffe, "Jaffe and Josh Lerner" (2004), Princeton Univ. Press
- "Do Patents Truly Promote Innovation?" (2014)[URL]
- "Patent Protection and Innovation over 150 Years" (2002)[URL]
- Stefan Luginbuehl, "The patent package of the European Union: the European patent with unitary effect (unitary patent) and the Unified Patent Court", IT와 법연구, (8), pp.83~105 (2014), IT와 법연구소
- "Uniform interpretation of European patent law with a special view on the creation of a common patent court"[URL]
- "Unitary Patent and Unified Patent Court" (2014)[URL]
- Justine Pila, "The European Patent: an Old and Vexing Problem", ICLQ, 62, pp.917~ (2013)
- "Pro-patentee Patent Reform, the STRONG Patents Act Introduced in Senate" (2015)[URL]
- Kevin G. Rivette, "Rembrandts in the Attic" (2000), Harvard Business School Press
- "Making sense of Europe’s Unitary Patent" (2014)[URL]
- Yoshitoshi Tanaka, "How can We Define the Legal Effects of Patent Rights Based on the Quality of Inventive Step?", 지적재산권 보호를 넘어 – ICT에 대한 사회·문화적 관심(경북대학교 IT와 법연구소 학술대회 논문집) (2015), 경북대학교 IT와 법연구소
- Yoshitoshi Tanaka, "Granted patents have the same level of inventive step? A new approach to distinguish patent protection based on the level of inventive step", International Journal of Intellectual Property Management, 4(4) (2011)