특허권 공동침해에 관한 소고

Recently due to development of computer and IT technology, it has been made possible for a patent of invention to be worked not just by a single person but by several people jointly. The number of invention which is composed of multiple elements using server and terminal is increasing in the area of invention base on network. Also in case of process patent, especially Business Model patent, the claim itself is often based on the premise that it is worked by several people. When a patent of invention has multiple elements and several people jointly work it, no single person may be considered to work all the element of the patent. In that case liability for infringement of patent can be avoided easily by the conventional patent infringement theory which considers such infringement is constituted, not like tort, only when a single person work the whole elements of a patent. Under the current law, indirect infringement of Patent Act is the only rule which covers infringement of patent which is committed by several people, but it can cover only limited types of infringement. Therefore it is difficult for such an infringement to be regulated by Patent Act except when indirect infringement is constituted. Also even when joint tort is constituted under Civil Act, damages are the only remedy for it. In this sense, currently it is difficult to regulate such an infringement as above. Therefore it is necessary to consider how we should regulate such an infringement which several people are involved. In this regard, this article will cover proper ways of regulation in Korea for specific type of infringement by comparative analysis of domestic and foreign regulatory methods.