공유 지식재산권의 활용에 관한 제도적 고찰

The laws relating to patent, utility model, design, trademark, copyrights, and trade secrets constituting intellectual property rights are individually defined relating to co-ownership intellectual property, and thus, there is a difficulty in unified understanding. In particular, in the conduct of a co-owner's disposition or use, claim, infringement lawsuit and license for a third party related to the co-ownership intellectual property right, it is not only difficult for the corresponding parties to understand it, but also due to the different rules and restrictions for each right there are also side effects that do not comply with the intent of protecting and contributing to industrial development. In this regard, it is necessary to maintain an integrated intellectual property system in the long term so that co-ownership intellectual property rights can be configured as a unified system that can be explained and understood consistently in terms of product co-ownership. In particular, considering the law of intellectual property rights to promote industrial development, it is necessary to consider relaxing the restrictions on particles requiring the consent of all co-owners to positively dispose of and utilize co-ownership intellectual property rights like as sole disposition, claim or infringement for protecting the intellectual property. or sole license to third party.