우리 특허법상 증거수집제도 현황에 관한 고찰

In the United States, there is a discovery system that allows parties in a lawsuit to exchange documents and materials that can be used as evidence. This is a useful system that allows mutual evidence to be exchanged in advance so that it does not have to be dragged to trial. However, this system is only meaningful in lawsuits in countries where pre-trial procedures and trial procedures are strictly separated, and it is said to be difficult to use as a meaningful means of collecting evidence in countries that follow the date management method, such as Korea. However, in fact, Korea already has regulations on an evidence collection system similar to the discovery system. These evidence collection systems include the document submission order system under the Civil Procedure Act, the data submission order system under the Patent Act, and the obligation to present specific acts under the same Act. In this article, we looked into the data submission order system and the obligation to present specific actions, which are the evidence collection systems under the Patent Act. The data submission order system under the Patent Act is a system in which the court orders the defendant to submit data related to the lawsuit to the plaintiff after filing a patent infringement lawsuit. In addition, the obligation to present specific modes of conduct is a system that obliges a party who denies the specific modes of conduct of an infringement to present its specific modes of conduct. However, in practice, these systems have shortcomings, and as a result, they are rarely seen being used. The deficiencies mentioned above include the procedure for submitting official archived documents, the possibility of abuse of the data submission order system, sanctionsregulations for non-compliance with submission orders, sanctions regulations for damage, destruction, or false submission of documents, and problems with the in-camera procedure system. You can. To overcome these shortcomings, the author proposed improvement measures. Currently, our country is in the final stages of discussions regarding the introduction of a new evidence collection system. However, if the problems pointed out in the existing systems are improved, their usability will be improved, and it will be possible to see them being applied together with the newly introduced evidence collection system.