회사의 지식재산권 침해에 대해 이사가 부담하는 손해배상책임 연구

This paper analyses the requirements of Article 401 of the Commercial Act when an IP right holder files a suit for IP infringement damages against director of corporation pursuant to the article. This point needs to be carefully considered in light of the nature of the corporation system. Establishing the basis and requirements of this issue is important not only in the sense of liability on the director but also predictability of the conditions for exemption from liability. The requirements for Article 401 to be established are directors neglect of duty and by intentional gross negligence. It is distinguished general IP infringement theories usually based on torts. Especially the issue of ‘neglect of directors duty’ is more appropriate to breach of general duty of care, duty of royalty or duty to monitor rather than violation of statute or the duty of investigation from provisions for presumption of negligence. Furthermore, the duty relation to the internal control can be more suitable as the duty of Article 401 in certain circumstances. Despite the increasing interest in internal control, it is not discussed much in the field of IP rights. It is expected that developing the content of the internal control system in the field of IP rights will help clarify the liability of directors for Article 401.