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학술논문원광법학2012.09 발행

국제지적재산소송에서 정보제공의무의 확대에 따른 절차법상 연구

The Strategy and Procedural Risk against the Patent Litigation in an International Infringement of the patent

최영덕(충남대학교)

28권 3호, 263~285쪽

초록

The purpose of this article is to study how to establish a better refined IP Law System an The Code of Civil Procedured . We have concentrated in connection with jurisdiction and venue patent disputes in a few courts. Moreover We have allowed the attorney to advocate patent case, of course only with ordinary lawyer. In Korea, something good happens almost every day in IP Law System. However, it's contributions to industry are not sufficient. The author suggests a strategy against the patent litigation in an international infringement of the patent The Code of Civil Procedure need to prepare the validity law for the effectuation of a treaty but also the infringement proceedings. And the validity trial should be handled by the current Patent Court . The prepartion is aimed at the patent judge. We put an emphasis on the cooperation between law judges and technical judges in the matter of IP related disputed nation. this article proposes that at the Patent Court related with the international agreement-South Korea – United States Free Trade Agreement (KORUS) or Free Trade Agreement Republic Koreaanad the European Union. under current law system. As the question of whether the Proof's Law against Intellectual Property Right is indeed infringed or not is seldom under control of the ordinary The Code of Civil Procedure, it would be very resonable, if not the problem happen to the parties concerned or an interested party.

Abstract

The purpose of this article is to study how to establish a better refined IP Law System an The Code of Civil Procedured . We have concentrated in connection with jurisdiction and venue patent disputes in a few courts. Moreover We have allowed the attorney to advocate patent case, of course only with ordinary lawyer. In Korea, something good happens almost every day in IP Law System. However, it's contributions to industry are not sufficient. The author suggests a strategy against the patent litigation in an international infringement of the patent The Code of Civil Procedure need to prepare the validity law for the effectuation of a treaty but also the infringement proceedings. And the validity trial should be handled by the current Patent Court . The prepartion is aimed at the patent judge. We put an emphasis on the cooperation between law judges and technical judges in the matter of IP related disputed nation. this article proposes that at the Patent Court related with the international agreement-South Korea – United States Free Trade Agreement (KORUS) or Free Trade Agreement Republic Koreaanad the European Union. under current law system. As the question of whether the Proof's Law against Intellectual Property Right is indeed infringed or not is seldom under control of the ordinary The Code of Civil Procedure, it would be very resonable, if not the problem happen to the parties concerned or an interested party.

발행기관:
법학연구소
분류:
기타법학

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국제지적재산소송에서 정보제공의무의 확대에 따른 절차법상 연구 | 원광법학 2012 | AskLaw | 애스크로 AI