필요적 전심절차로서 특허심판제도의 법제정비방안에 관한 연구

Abstract

Although there is a controversy over the concept and scope of administrative judgments, the Constitutional Court defines administrative judgments as “the administrative proceeding procedure in which the administrative agency judges the opposition to illegal, improper disposition or omission of the administrative agency” Special Administrative Judgment means a type of Administrative Judgment which, by applying separate law on special or professional matters, hears and judges in a procedure different from general administrative judgments to which the Administrative Appeals Act applies. Dispute settlement systems for patent cases are not unified in the aspect of comparative law. Therefore, it is judged according to the constitutional structure of the relevant country and the contents of the related legal system, not the conclusion that it is unconstitutional to operate the patent referee system itself or the two. In the past, the Patent Examination System was immediately appealed to the Supreme Court for a trial through the Patent Office’s Tribunal and the Tribunal. This raised the issue of constitutionality. However, in the past, the patent infringement system was challenged by the Supreme Court of Korea. In the case of patent trials such as the present, the independence of the Constitutional Court is guaranteed to a certain degree if the trial is conducted by a consensus-based decision-making body with third-party independence. In the case of a patent dispute, it can not be said to be unconstitutional because it operates as a second trial system through the appeal process of the Patent Court, the Patent Court, and the Supreme Court. Next, it is not necessarily the case that three trial system are allowed for every case. In addition, the Patent Act is a quasi-judicial institution, such as the establishment of a patent referee, the independence of the patent referee, and the avoidance, avoidance, and avoidance of a patent referee, and prescribes the contents of the patent referee in order to secure the fairness of the referee. And the judicial procedure for judicial claims is guaranteed to be effective as a remedy.