특허법상 강제실시에 대한 보상금산정기준고시의 정당성 및 답변서 제출 기간의 적정성

In 2020, many countries have faced the global pandemic of COVID-19 and have come up with emergency measures to clarify procedures in case they would grant compulsory licenses (non-exclusive licenses). In relation to this, the government of South Korea have established the Public Notice of the Standard for Calculating the Amount of Compensation or Consideration for the Expropriation, Implementation, etc. of Patent Rights(hereinafter referred to as ‘the Notice’). The Notice implements the Article 5-2(4) of the Regulations on the Expropriation, Implementation, etc. of Patent Rights (hereinafter referred to as ‘the Regulations’), which had been left as a legislative deficiency. The Notice is important for patent holders to protect of rights and resolve confusions in practice. According to the Notice, where compensation is unable to calculate in accordance with Article 5-2(1)~(3) of the Regulations, it shall be requested to be appraised compensation by three appraisal entities, and is calculated based on the arithmetic average of the three appraisal entities. In addition, in relation to Article 108 of the Patent Act, it is not currently clear how long submission period of responses should be provided to the patentee, exclusive licensee, and other persons who have any registered right or interest in the patent. In this case, it is appropriate to provide the period over 14 days same as submission period of opinion under the Land Compensation Act.