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학술논문안암법학2014.01 발행KCI 피인용 1

파산절차에서의 라이센시 보호에 관한 입법론적 연구

Legislative theory on the protection of the licensee in bankruptcy proceedings

권성연(변호사)

43호, 917~952쪽

초록

Increased sharply due to the global economic downturn during the licensee of the licensor's bankruptcy protection issues are emerging. Permit others to use intellectual property license agreement who the licensor becomes bankruptcy will continue to protect the rights of the licensee and that the licensee will be in bankruptcy proceedings to exercise their rights in any way, such as whether the various issues and the law, but 『Debtor Rehabilitation and Bankruptcy Act』does not provide a proper protective measures for such licensee. These measures are insufficient to protect for the licensee, the licensee due to the bankruptcy of the licensor increases the risk of bankruptcy because of the licensee in bankruptcy protection measures are urgently needed to complement the legislative . Degree of protection the licensee in bankruptcy proceedings depending on each country’s degree of protection for the licensee, in our country, if you normally use to target their use most of the patents, and the position of the licensor depend on the approved repayment plan or rehabilitation plan in reconstruction-type bankruptcy procedures such as individual rehabilitation and rehabilitation, therefore, this paper is the systematic study on foreign legislation case of the protection of the patent licensee in bankruptcy proceedings and problem of current『Debtor Rehabilitation and Bankruptcy Act』, and study on the legislative improvement for the protection of the licensee in bankruptcy proceedings.

Abstract

Increased sharply due to the global economic downturn during the licensee of the licensor's bankruptcy protection issues are emerging. Permit others to use intellectual property license agreement who the licensor becomes bankruptcy will continue to protect the rights of the licensee and that the licensee will be in bankruptcy proceedings to exercise their rights in any way, such as whether the various issues and the law, but 『Debtor Rehabilitation and Bankruptcy Act』does not provide a proper protective measures for such licensee. These measures are insufficient to protect for the licensee, the licensee due to the bankruptcy of the licensor increases the risk of bankruptcy because of the licensee in bankruptcy protection measures are urgently needed to complement the legislative . Degree of protection the licensee in bankruptcy proceedings depending on each country’s degree of protection for the licensee, in our country, if you normally use to target their use most of the patents, and the position of the licensor depend on the approved repayment plan or rehabilitation plan in reconstruction-type bankruptcy procedures such as individual rehabilitation and rehabilitation, therefore, this paper is the systematic study on foreign legislation case of the protection of the patent licensee in bankruptcy proceedings and problem of current『Debtor Rehabilitation and Bankruptcy Act』, and study on the legislative improvement for the protection of the licensee in bankruptcy proceedings.

발행기관:
안암법학회
DOI:
http://dx.doi.org/10.22822/alr..43.201401.917
분류:
법학일반

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파산절차에서의 라이센시 보호에 관한 입법론적 연구 | 안암법학 2014 | AskLaw | 애스크로 AI