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학술논문IT와 법연구2015.08 발행KCI 피인용 1

EU 단일특허와 특허법조약(PLT) 가입확대 등에 따른 글로벌 특허시스템 논의와 한국 특허법에 미치는 영향

The Impact of EU Unitary Patent and PLT Implementation as Global Patent System upon the Korean Patent Act

배대헌(경북대학교)

11호, 51~94쪽

초록

A recent discussion and relating efforts with regard to patent laws in EU, USA, and WIPO are focused on establishing new regulations of their own Patent Law in order to reduce the time and cost on patent application and its examination. They are also interested on minimizing their patent litigation cost against infringement. In light of a global patent reformation, this simply means that an applicant is granted a right to patent with a little expenditure. Moreover, an adaptation to Patent Law Treaty(PLT) shows that each country tries to harmonize the procedural steps to patent prosecution. This article examines the impact of global patent system such as EU Unitary Patent, PLT Implementation in USA, and their discussion on the Patent Law Harmonization of World Intellectual Property Organization upon the Korean Patent Act. In addition, it also focuses on seeking the patent policy and the legal framework for Korean Patent Progress. This article is composed of six chapters; after the first chapter refers on the problem approach in this article, the second chapter on the patent policy and its regulation from EU Unitary Patent and Unified Patent Court. Third chapter referring the recent Patent Act reformation and the PLT implementation in USA, and the fourth chapter examines the existing Korean Patent Act which has adopted and revised according to some provisions of PLT, even though Korea is not a member country of it. And the fifth chapter looks the impact upon the existing Patent Act with the eyes of global patent system and its relating patent policy, finally it gives a conclusive opinion to the progressive direction of existing Patent Act.

Abstract

A recent discussion and relating efforts with regard to patent laws in EU, USA, and WIPO are focused on establishing new regulations of their own Patent Law in order to reduce the time and cost on patent application and its examination. They are also interested on minimizing their patent litigation cost against infringement. In light of a global patent reformation, this simply means that an applicant is granted a right to patent with a little expenditure. Moreover, an adaptation to Patent Law Treaty(PLT) shows that each country tries to harmonize the procedural steps to patent prosecution. This article examines the impact of global patent system such as EU Unitary Patent, PLT Implementation in USA, and their discussion on the Patent Law Harmonization of World Intellectual Property Organization upon the Korean Patent Act. In addition, it also focuses on seeking the patent policy and the legal framework for Korean Patent Progress. This article is composed of six chapters; after the first chapter refers on the problem approach in this article, the second chapter on the patent policy and its regulation from EU Unitary Patent and Unified Patent Court. Third chapter referring the recent Patent Act reformation and the PLT implementation in USA, and the fourth chapter examines the existing Korean Patent Act which has adopted and revised according to some provisions of PLT, even though Korea is not a member country of it. And the fifth chapter looks the impact upon the existing Patent Act with the eyes of global patent system and its relating patent policy, finally it gives a conclusive opinion to the progressive direction of existing Patent Act.

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IT와 법연구소
분류:
기타법학

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EU 단일특허와 특허법조약(PLT) 가입확대 등에 따른 글로벌 특허시스템 논의와 한국 특허법에 미치는 영향 | IT와 법연구 2015 | AskLaw | 애스크로 AI