Earticle

초록

영어

We are now living in an era of technology and information which is based on cutting-edge technology and significance of intangible property is undeniable. Despite its form, whether it is owned by an individual or a nation, the matter of intellectual property protection is being more important as modern society develops. At the same time, more and more attention is focused on exercise and protection of intellectual property rights, eruption of conflict, and ways to solve conflicts. Development of modern industry and high technology engaged with economic profits between nations causes international conflicts related to intellectual property rights. Main causes are technical differences between nations, gap of information technology, dissimilarity in means of protecting intellectual properties, superiority and inferiority of economic status, and etc. Moreover, in the aspect of international commerce, efforts of maintaining and securing intellectual property in advanced countries can be seen in intellectual property protection rights and foreign restrictions. Therefore, conflicts related to intellectual properties between nations are becoming more frequent. But as a means of resolving international conflicts, USA is asserting one-sided protection of its intellectual property and exercising powerful protection laws to secure higher position in its technology and economy over other nations. Especially, these actions are seriously influencing profits of other nations because USA’s immense patent market, procedures of achieving patent, and conflict resolution procedures are being applied to other foreign industries as well. At this point of time when Korea ’s economy and technology is developing, it is necessary to act strongly against USA’s actions in order to secure advantageous position in patent infringement litigation. Moreover, by understanding USA’s one- sided patent infringement litigation procedures thoroughly, it might be possible for us to step ahead in the era of severe patent competition. Thus, in this lecture we will look deeper into characteristics of USA’s patent infringement litigation so that the person who violated patent laws can stand in a more advantageous position when conflicts related to patent infringement arise. Also, by studying USA’s patent laws and judicial precedents, it might be helpful to those who are in a status of patent infringement or potential litigations.

목차

Ⅰ. 서
 Ⅱ. 미국의 특허쟁송제도
  1. 미국 특허소송의 연혁
  2. 미국 특허소송의 의의와 특색
  3. CAFC의 창설배경과 이 후의 추이 변화
  4. 관할 및 심리범위
 Ⅲ. 미국의 특허침해소송의 특이성
  1. 의의
  2. 절차의 종류
  3. 배심재판
 Ⅳ. 미국의 특허침해소송에서의 불리한 요인
  1. 서
  2. 외국인에 대한 차별
  3. 특허침해소송에서 나타나는 불리한 점
  4. 배심원의 편파적 평결
 Ⅴ. 미국 특허침해소송에서의 대응방안
  1. 미국 특허침해소송에 대한 침해(혐의)자의 대응
  2. 침해혐의자의 대응
 Ⅵ. 결
 참고문헌
 ABSTRACT

키워드

저자

• 홍봉규 [ Hong, Bong-Kyu | 경기대학교 지식재산학전공 교수 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  산업재산권 [Journal of Industrial Property]

• 간기

  계간

• pISSN

  1598-6055

• eISSN

  2733-9483

• 수록기간

  1995~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 367 DDC 346