우리나라 지식재산권 분쟁의 특징 분석: 무효, 권리범위확인 심판을 중심으로

This paper analyzes the characteristics of intellectual property(IP)litigation ruled by the administrative tribunals at the Korean IntellectualProperty Office during 1980~2011. The data covers patents, utilitymodels, design and trade mark, and the types of litigation in this studyinclude invalidation, positive and negative confirmation of scope. Weidentify the IP holder winning cases with dummy variable using 39,208trial cases filed during the sample period, and try to find stylized factsfor the IP holder success in litigation. The statistical analyses suggestthat nullity cases show a significantly different pattern from the cases ofconfirmation of scope, and trade mark is also distinctive from otherthree intellectual properties. The study also finds that IP holder successrate in invalidation trials is likely to higher than the success rate inconfirmation-of-scope trials, and patent rights have similar time trendswith design in nullity cases. Among the three major parties such asfirms, foreigners, and individuals, foreigners show higher success ratesregardless of their status; defendants or plaintiffs. IP holder success ratewas lower in negative trials to confirm the IP scope compared withinvalidation trials, and lowest in the positive trials to confirm the scope,which implies that owners may have difficulties in enforcing their IPrights.