지적재산권 분쟁과 ADR에 의한 분쟁해결에 관한 연구: Apotex Inc. v. United States of America 사건을 중심으로

In case of Korea-China-Japan FTA , the amount of trade between Korea, China and Japan will be increased and then a lot of disputes about intellectual property rights are expected to occur. These disputes will appear in a variety of aspects of contention such as the right disputes as well as in contents of a contract and there will a limit to resolve any dispute with litigation due to institutional differences between the three countries. Therefore, three countries need to actively take advantage of the arbitration which has advantages in terms of time and cost rather than litigation. Judgments in the field of intellectual property right is an especially required areas of expertise and agility and due to this uniqueness, the resolution of these disputes through the trial is limited to solving the problem. The international patent disputes of korean companies are increasing at a rapid rate since 2010, and also the dispute form, the kind of company, nationality, technology and right field are getting diversified and especially in the past, the lawsuit was depend on major companies but now it is extended to small and medium companies in the province Corporation and is also increasing its size. In the event of the liaison dispute between Korea, China and Japan, the resolution of the dispute are classified into the way by the trial and not by the trial. Since the way by trial means submission to the jurisdiction of the country, it is not preferred due to the delicate race feeling that is from the trial not in the court of their own country but in the court of other countries make or the different justice system of each country. In order to reduce the possibility of unnecessary dispute and to reduce the cost for dispute resolution, the international cooperation is needed and the dispute resolution by the arbitration composed of experts in the field to resolve the dispute is the best way to solve the dispute. The intellectual property right and investment arbitration industry is currently growing rapidly and in asia, there is still no common international investment disputes arbitration organization. In this point, this situation will be an opportunity for north east asia to stand in the center of investment arbitration industry.