특허권의 제한과 전략적 선택 — 운송수단을 중심으로 —

The temporary presence exception adopted internationally in the Paris Convention for the Protection of Intellectual Property. To avoid liability under article 5ter of the Paris Convention, foreign means of transportation must meet certain prerequisite conditions. First, they must be vessels, aircraft, or land vehicles. Second, they must enter another Paris Convention country temporarily or accidentally. Lastly, the patented device must be used exclusively for the needs of the means of transportation. Courts in each country have a broad interpretation of these conditions. However, means of transportation are still subject to the patent laws of their country when they are in that country. Inherent in the reciprocity requirement of the temporary presence exception is a condition that all means of transportation have a particular nationality. Since means of transportation owners can select their transportation’s nationality, they can profitably choose one of the national patent system. This Article argues that the temporary presence exception was not designed to allow means of transportation owners the ability to choose patent system and it is necessary to revise Article 5 of the Paris Convention in accordance with the present time.