한·EU FTA에서의 특허 관련 쟁점

After the Korea-US FTA having been agreed on April 2, 2007, Korea and European Union have negotiated for the Korea-EU FTA. This article introduces some patent issues which can be raised during the negotiation, and discusses means and measures to deal with the negotiation. Regarding the issue raised by EU, Korea's accession to the PLT, Korea may promise to accede to the PLT by 2012 or at the latest 2015. It is believed that the PLT may be beneficial to domestic applicants as well as European applicants. With regard to the calculation method for drug patent term extension, we may ask EU to harmonize EU's method with that of the U.S.A. first and then Korea may follow the harmonized method. As negotiation leverages, Korea may ask EU to agree on (1) establishment of the EU Patent Court, (2) expansion of coverage of the grace period system, (3) patent term extension to compensate for examination delay, (4) harmonization of inventive step standard, etc. This article explains basics of said systems and reasons thereof for Korea to urge EU to adopt them. IP-based country is a country where creation, protection and utilization of IP leads dynamics and advancedness of the economy. Therefore, in the IP-based country, goal of IP administration will be to enhance public sector function for IP creation, protection and utilization. It is believed that the Korea-US FTA and the Korea-EU FTA will guarantee upgraded IP protection in Korea.