특허권 공동침해 관련 최근 법적 쟁점에 관한 연구

Abstract

Discussion of joint infringement of patent right had started from various type of sharing patent licences among multiple parties. To claim the patent infringement, one party who is willing to claim the infringement must meet all of the elements of patent licence but this couldn't effectively protect the patent right. To firmly protect the right of patentee, this kind of avoiding the responsibility of joint infringement of patent right by abusing the existing rule should be also regulated as new type of infringement. Traditionally, the study of joint infringement of patent right has been focused on requirement of patent eligibility and legal responsibility of infringement. In my previous research, I covered the type of joint infringement in patent law and method of regulation. This study is based on the necessity of more specific discussion of legal issues of joint infringement of patent right; Specific compensation measures of civil law and criminal law, measures for international joint infringement and issue of choice of governing law based on private international law. The research will develop the previous discussion of requirement of eligibility and responsibility of joint infringement of patent right and examine the recent issues that are listed above more throughly.