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학술논문창작과 권리2012.09 발행KCI 피인용 1

한중 양국의 특허절차 통일화를 위한 일고찰

A study on comparison and unification of Korean-Chinese’s patent institution

이헌희(한국지식재산연구원)

68호, 37~70쪽

초록

Korea-China has important implications in many aspects, and the cooperation between two countries would be stronger through it. However, there are many problems to be solved in advance. For example, North Korea's nuclear issues, illegal fishing and etc. In addition, there are problems to be solved in various fields even in the field of intellectual property such as substantive law and adjective law. In this article, inconsistencies of the right range between Korea and China and questions about the gap to acquire the rights and claims, that may occur due to differences on the adjective law. Because a peculiar system of both countries is a system established and developed by the particular circumstances of each country, a peculiar system of both countries should be made in the direction to respect the position of each country possibly. However, two countries will strive for institutional unification, if necessary, by regulating the same system by differently in the case a party would be processed unfavorably. In particular, first it is necessary to establish the institutional unification if a significant impact on the occurrence of the rights and restrictions due to institutional differences.

Abstract

Korea-China has important implications in many aspects, and the cooperation between two countries would be stronger through it. However, there are many problems to be solved in advance. For example, North Korea's nuclear issues, illegal fishing and etc. In addition, there are problems to be solved in various fields even in the field of intellectual property such as substantive law and adjective law. In this article, inconsistencies of the right range between Korea and China and questions about the gap to acquire the rights and claims, that may occur due to differences on the adjective law. Because a peculiar system of both countries is a system established and developed by the particular circumstances of each country, a peculiar system of both countries should be made in the direction to respect the position of each country possibly. However, two countries will strive for institutional unification, if necessary, by regulating the same system by differently in the case a party would be processed unfavorably. In particular, first it is necessary to establish the institutional unification if a significant impact on the occurrence of the rights and restrictions due to institutional differences.

발행기관:
세창출판사
DOI:
http://dx.doi.org/
분류:
지적재산권법

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한중 양국의 특허절차 통일화를 위한 일고찰 | 창작과 권리 2012 | AskLaw | 애스크로 AI