중성물 간접침해 도입 및 그와 관련한 제언

In this study, the definition of the non-staple article is newly suggested from the cases of Germany and Japan. From the new definition of the non-staple article, the requirement for the indirect infringement would be clarified. Firstly, the non-staple article is a multi-functional article that is used for multiple purposes in a certain ratio. On the other hand, an article to be used exclusively for the patented invention is only used for the purpose related to the function of the patented invention. The staple article has no particular use other than that of already known general purpose. Secondly, the essential element to solve the problem of the patented invention was examined through the cases from Germany and Japan. For this, the cases of Germany and Japan were cross-examined to understand the legal principles of the other country. It concludes that the results of the cases of Germany and Japan are the same for the indirect infringement when the non-staple article is similar to the staple article. However, the results may differ from each other when the non-staple article is not similar to the staple article. Lastly, in order to consider the introduction of means to regulate computer programs as indirect infringements, statutory interpretation is necessary before accepting it.