특허침해소송에서 증거수집제도의 실효성 강화를 위한 연구

As the importance of patents grows, patent infringement lawsuits are being taken in diverse fields. However, there is lack of proper aid for the patentees when a patent is infringed because the burden of proof lies with the patentee. Due to the characteristics of a patent, it is difficult for the patentee to gather the evidences. This reduces the patent’s practical benefit, and brings about results that are not in line with the ultimate goal of a patent system. Recently, there have been continued discussions on improving the evidence gathering process in order to solve difficulties, but no clear-cut solution or points of improvement have been made so far. Of course, in order to simplify evidence gathering, there is the order to produce materials in the Patent Act and the order to produce documents in the Civil Procedure Act. However, there is a limitation in the current systems; therefore, another solution is needed to make evidence gathering a smoother process. To do this, this paper will use comparisons and analyses and fully reflect the benefits of foreign systems and supplement their flaws in order to derive a solution for improving the evidence gathering system that is most suited to Korea.