무역실무상 국제라이선스계약의 준거법 추정에 관한 법리 이해의 실익

Licensing agreement is a partnership between an intellectual property rights owner(licensor) and another who is authorized to use such rights(licensee) in exchange for an agreed royalty. As such, choice of governing law is an important and sensitive issue because the content of an international license agreement is broad, complex, and diverse. In particular, applicable law in the absence of choice is related to characteristic performance. On the other hand, the international license agreement is broad, complex and diverse in content, and it has led to continued debate over the characteristic performance of the agreement in relation to IP. The purpose of this paper is to compare the articles of the major rules of law concerning the private international law(conflict of laws) and to examine the factors that determine the characteristic performance. As a result, it will contribute to the formation of a practical, stable and predictable cross-border licensing agreement.