한국 특허침해소송제도에서의 소송 남용 규제에 대한 타당성 검토

There is a rising interest recently in Korea for implementingstricter regulatory framework for patent infringement lawsuit abuses. Apparently, this trend is largely in response to heightened activities ofnon-practicing or patent assertion entities. This paper attempts toevaluate the need for such regulatory framework by looking at therecent statistics for various facets of patent infringement suits includingthe number of infringement suits brought, patentee winning rate,amount awarded as monetary damages, and litigation cost associatedwith infringement suits. Because these factors are not favorable topatentees compared to other developed countries, there exists much lessincentive to bring patent infringement lawsuits in Korea, let alone abuseof patent infringement litigation. On the contrary, implementing astricter regulatory framework would likely to result in having a chillingeffect on innovation that the patent system originally designed topromote.