특허권의 공동소유에 관한 법률관계

Abstract

A Study on Joint Ownership of the Patent RightsYoung-Duk ChoiIt is said that no less than companies attempt to do joint research and study with universities or research centers. Therefore, it is common to have joint ownership with joint parties. On the other hand, lots of companies have struggled with bankruptcy since economy slump in 1998, so it is inevitable to claim on the basis of the joint ownership of patent rights.On the legal construction of joint ownership, a common view gives an explanation that joint ownership is a situation for ownership to be belong to the number of people being dived quantitively. Partition claim right is one-sided claim right that does away with existing part-owners relation over all or partially and generates legal relation dividing common property to each joint owners.In relation to judicial precedents basing on the theory of ownerships competition and on the theory of quantitive dividing, joint ownership disputes have increased. As it is, it became necessary to protect patent rights. According to the case law in this disputes, it is clear to have judgement on the ground of joint ownership rules.The intellectual property law has becomes a precondition affecting national competitiveness in 21st century. However, it is totally different even if each country has holed a patent law. That's why it is confronted by forum shopping among international lawyers of the intellectual property.Judicial jurisdiction has substantial practical importance in international litigation. The importance derives from the role of judicial jurisdiction in deciding forums in which an international disputes can be litigated. Therefore, making contracts, it is very important to make clear agreements in international jurisdictions as forum selection has vital consequences for results of many international disputes.