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초록

영어

Recently, as the type of patent enforcement has been varied and the technologies in IT and machine sector have been complexed and sophisticated, there is a need of reviewing effect of patent right. Especially, in the cases of Patent Troll which is not doing patented invention directly, it is possible to enforce patent severely and extremely because there is no need of doing cross-licensing and being filed a lawsuit on the ground of infringing patent. Based on that reason, patent abuse of Patent Troll should be limited. This article suggests the way of limiting effect of patent right on patent abuse of Patent Troll with discussions on the essence of patent right and eBay case by U.S supreme court which admits damages based on infringement of patent but denies injunction. For this, it is important and urgent to classify and specialize the act of patent abuse of Patent Troll. The application of general principle such as the doctrine of misuse of rights might be possible theoretically to limiting effect of patent right. However, it may invite problems because of current Korean legal system so it should be solved through revising legislation to complement the required conditions of compulsory license.

목차

Ⅰ. 들어가며
 Ⅱ. eBay v. MercExchange 사건
  1. 사건의 개요
  2. 판결 내용
  3. 판결의 배경과 의미
 Ⅲ. 특허권의 본질
  1. 물권적 권리
  2. 독점권과 배타권
  3. 채권적 권리로의 전환 가능성
 Ⅳ. 특허권 효력 제한에 관한 검토
  1. 서설
  2. Patent Troll의 권리행사에 대한 법적 취급
  4. Patent Troll의 남용적 권리행사의 유형 분석
 Ⅴ. 제안
 참고문헌
 

키워드

특허권의 효력 특허권 남용 권리남용법리 특허괴물 eBay 사건 비자발적 실시권 the Effects of Patent Patent Abuse Compulsory License Patent Troll eBay case the Doctrine of Misuse of Rights

저자

• 신재호 [ Shin, Jae-ho | 경상대학교 법과대학 조교수 ]

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