공유 특허권에 대한 법적 연구

In practice, the exploitation of jointly-owned patent rights is difficult and have many restrictions. Since patent rights have the special legal characteristics, the market value and competitiveness of jointly-owned patent rights are different from those of shares of each joint patent owner. Hence, many disputes on joint ownership of patent rights have taken place. This Article explores joint ownership of patent rights through the current Patent Law. Also, this Article analyzes the decision of the Korean Supreme Court (Case No. 2013Da41578), which was rendered in 2014 when the Patent Law did not prescribe for the joint owners' profit-sharing. Still, the Patent Law does not state so. Through this study, this Article summarizes the current issues about the joint ownership of patent rights. After that, it analyzes foreign laws on this matter and 2015 proposed draft of the Patent Act. Nowadays, the intellectual property issues are main issues with economic development of nations in all over the world. The intellectual property rights, especially patent rights, are recognized as the important intangible assets as well as legal rights. For such a reason, the joint ownership of patent rights will be treated more importantly and globally. In this regard, it deals with international issues of the joint ownership of patent rights from the perspective of private international law.