우리나라에서 위장소송(Sham Litigation) 법리의 법적성격과 인정요건 및 그 효과로서 손해배상책임에 관한 고찰
A Study on Sham Litigation Doctrine's Legal Characteristics, Legal Conditions, Liability for Damages as a Legal Effect in Korea
최호진(춘천지방법원)
23권 4호, 427~453쪽
초록
The intellectual property law that authorizes an exclusive rights and the Antitrust law that rejects anti-competition are against each other. In the United States, under Sham Litigation doctrine, the defendant can demand damages to the plaintiff for infringement of the patent for the violation of The Sherman Act. In Korea, can Sham Litigation doctrine be applied in lawsuit? Can the Sham Litigation doctrine's legal characteristics, legal conditions and liability for damages be recognized as a legal effect? The topics that were examined included the theory that can be composed as a protection measure against 'Intellectual Property Misuse Doctrine.'
Abstract
The intellectual property law that authorizes an exclusive rights and the Antitrust law that rejects anti-competition are against each other. In the United States, under Sham Litigation doctrine, the defendant can demand damages to the plaintiff for infringement of the patent for the violation of The Sherman Act. In Korea, can Sham Litigation doctrine be applied in lawsuit? Can the Sham Litigation doctrine's legal characteristics, legal conditions and liability for damages be recognized as a legal effect? The topics that were examined included the theory that can be composed as a protection measure against 'Intellectual Property Misuse Doctrine.'
- 발행기관:
- 한국경영법률학회
- 분류:
- 법학