지식재산 분쟁 해결을 위한 가치평가 기반 대체적 분쟁해결 방안 연구

In the field of intellectual property, there has been growing interest in alternative dispute resolution (ADR) mechanisms such as mediation and arbitration, which offer the advantages of speed and efficiency as alternatives to civil litigation. These mechanisms are implemented to resolve disputes arising from legal relationships in a fair, equitable, and efficient manner. However, current intellectual property ADR systems have limitations in objectively reflecting the value of the intellectual property at issue, which hinders the effective and efficient reaching of agreements. This study explores the possibility of incorporating intellectual property valuation into ADR systems to propose settlement proposals based on objective criteria. This study analyzed the current status and institutional issues of domestic IP ADR, and examined the feasibility and expected effects of applying IP valuation in ADR. The results confirmed that valuation can narrow the gap between disputing parties and provide criteria for deriving reasonable settlement proposals, thereby contributing to enhancing the legitimacy of ADR. This study proposed institutional measures to facilitate the participation of value assessment experts in ADR procedures, aiming to substantively introduce value assessment into ADR. It is anticipated that value assessment-based ADR will establish itself as an institutional framework for the reasonable resolution of intellectual property disputes and the formation of a fair market.