외국특허권침해제품의 제조․수출행위의 위법성

Because patent right is given by one nation's administrative measures and registration, the righter ib in force within the range of one nation. Right to a Foreign Patent is effected only in their nations and is not effected in our nation. It is called as principle of territorial for jurisdiction in patent law. According to this principle, we can use a patented invention that is registrated in foreign countries without righter's licence. But does it constitute an infringement of patent an act manufacturing goods to export to the nation that patent is registrated? Korea Supreme Court say that the behavior of labelling goods a foreign trademarks to export goods for trademark registrated nation is not unlawful. Japan Supreme say that the behavior of producing goods protected by foreign patent and exporting it to patent registrated nation is not unlawful. But, TRIPs impose duty on it's member to protect foreign intelligent property. The ‘law preventing unfair foreign trade and relieving a sufferer from illegal foreign trade’ provide that behavior of infringing foreign patent is illegal and infringer can be taken correction orders from Korea Trade Commission. Who infringer righter to a foreign patent should compensate for damage to righter of foreign patent.