복수 주체의 특허권 침해와 금지청구권 － 민법상 공동불법행위 및 물권적 청구권 법리와의 교차점을 중심으로 －

If the all elements rule is strictly enforced, it can create a loophole for circumventing infringement by dividing the entities responsible for implementation. Divided infringement cases have long been discussed as a way to address this regulatory gap. The possibility of divided implementation by multiple entities is expected to increase, not only in traditional technological fields such as machinery, electronics, and chemistry, but also in fields based on network technologies, including fintech, cloud computing, artificial intelligence, and the internet of things. In fact, the issue of how to handle results caused by the shared execution of multiple actors is not limited to patent law. In civil law, fundamental provisions are designed on the premise that a single entity commits a tort, and methods of attributing outcomes caused by multiple entities are also established. Similarly, in criminal law, the elements of individual crimes are defined under the assumption of being committed by a single actor, while general provisions regulate forms of involvement, such as principals and accomplices. Notably, discussions in civil law, especially as general law governing property relations, could provide substantial insights into examining issues surrounding patents. However, for various reasons, such insights have not been actively considered in addressing the principles of patent infringement involving multiple entities. This paper seeks to identify the intersection of civil law principles related to joint torts and proprietary right with issues of patent infringement by multiple entities, suggesting that the legal framework developed through long-standing case law remains applicable and relevant.