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초록

영어

The legislative definition of patent attorney in South Korea reflects the professionalism offered by the patent attorney, therefore the general job description includes illustrative examples of tasks carried out by specialists who protect the rights in invention, design and trademark. Overall, the scope of the patent attorney's work is defined by a general descriptive language which leaves ambiguity in interpreting the boundary and the limitations in the tasks that a patent attorney may handle in the Korean legal system. For example, a simple sentence in the legislative bill led to a legal conflict with other professions such as lawyers which brought a litigation all the way up to the Constitutional Court of Korea in expectations of defining a clear cut boundary. Furthermore, in today's high-tech market, more new jobs that perform similar or same work as patent attorneys are being added in the society. For example, brand management specialist, patent transaction manager, or patent information analyst share similar functions that were traditionally performed by patent attorneys. In addition, with the evolution of technology and with the emergence of a completely new market, patent attorneys are being demanded with new job functions that are different from its traditional roles. A lot of Korea's legislation relating to patent attorneys are unfortunately unable to accommodate such change in the market, therefore creating even more ambiguity in the boundary of patent attorneys. In comparison, after a series of amendment in the language of its legislative bill, Japanese law setup a clear cut definition in the functions that is to be carried out by patent attorneys in Japan. In addition, Japanese law introduced new meanings of educational requirements for patent attorneys in response to the evolution of technology and change of market. This paper will introduce the efforts put in by the Japanese government for reforming the Japanese patent system such as the continuing patent education system, government efforts to redefine the patent law system in accordance with the current court system, etc. The overall study of the general Japanese patent attorney system beginning with the Japanese Patent Attorney Act was conducted in hopes of setting and bringing a guideline to be used in the reformation of the Korean patent attorney system.

목차

I. 서설
 Ⅱ. 변리사의 연혁
  1. 한국의 변리사연혁
  2. 일본의 변리사연혁
 Ⅲ. 변리사법의 체계
  1. 일본 변리사법 체계도
  2. 한국 변리사법 체계도
  3. 변리사 시험제도
  4. 변리사 연수제도
 Ⅳ. 연혁을 통해 본 변리사의 역할
  1. 업무에 대하여
  2. 일본 부기변리사 제도(특정침해소송)대리에 대하여
  3. 시험에 대하여
  4. 연수제도에 대하여
 Ⅴ. 결어
 참고문헌
 

키워드

한국변리사제도 한국변리사법 일본변리사제도 일본변리사법 변리사 시험제도 변리사 업무 소송대리권 심결취소소송 제도 침해소송제도 변호사 제도 Korean patent attorney system Korean Patent Attorney Act Japanese Patent Attorney Act Japanese patent attorney system Patent attorney exam system patent attorney professional job scope right to litigation representation annulment ligitations for the decisions of trials to confirm the scope of patent right infringement litigation system attorney at law system.

저자

• 尹宣熙 [ 윤선희 | 漢陽大學校 法學專門大學院 敎授. ]

참고문헌

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