특허권 간접침해 적용범위 확대를 위한 특허법 제127조 개정방안 연구

The indirect infringement regulations set out in Article 127 of the current Patent Act were enacted to regulate preliminary and defensive acts that may cause direct infringement. However, the need for amending the relevant regulations has been continuously advocated because the scope of application is very narrow and contains many issues. Nevertheless, the regulation has continued to this day without any meaningful change since it was enacted in 1973. Article 127 of the Patent Act has the problem of being very limited in scope. To improve this, a complete revision to Article 127 of the Patent Act is necessary. First of all, It is necessary to delete the requirement that it is an article only used in patented inventions. There is a need to revise it as a‘means’related to patent invention, delete only used in patent inventions, so that it can be regulated as an infringement regardless of goods. It also needs to include transmission within its scope to manage patent infringement activities over the network. However, as the scope of application is expanded, the need for direct infringement and subjective recognition should be considered as a limiting requirement. If direct infringement and subjective perception are clearly considered, it is desirable to resolve the act of indirect infringement through commodity of commerce as a joint tort.