산업재산권 [Journal of Industrial Property]

간행물 정보
  • 자료유형
  • 발행기관
    한국지식재산학회 [Korea Intellectual Property Society]
  • ISSN
  • 간기
  • 수록기간
  • 등재여부
    KCI 등재
  • 주제분류
    사회과학 > 법학
  • 십진분류
    KDC 360 DDC 340
제19호 (9건)

유럽에서 인간배아줄기세포 특허와 생명윤리


한국지식재산학회 산업재산권 제19호 2006.04 pp.37-65

※ 기관로그인 시 무료 이용이 가능합니다.

These days biotechnology industry is being rapidly developed, and lots of related applications on biotechnology invention, including human embryonic stem cells, are submitted at patent offices. In particular, scientific studies on human embryonic stem cells give a hopeful message to the mankind against incurable diseases; on the other hand, ethical problems regarding human dignity are still involved. With respect to ethical problems, in particular as to 'informed consent', there are worldwide declarations such as Nurnberg Code and Helsinki Declaration, which stress that voluntary consent of the human subject is absolutely essential. Among european countries UK has positive attitudes for patentability of human embryonic stem cells. UK Patent Office maintains that an application as to pluripotent cells should be allowed to be patentable, while both Germany and France have circumspect standpoints regarding patentability of human embryonic stem cell. This study provides not only scientific knowledge on embryonic stem cells, but also comparative analyses of three major countries in Europe, in which in particular, French Bioethics Law as of 2004, German Embryo Protection Law in 1990 and UK Patent Office's views on embryonic stem cell are introduced.



知財權侵害訴訟에서의 美國 特許法의 域外適用의 問題


한국지식재산학회 산업재산권 제19호 2006.04 pp.67-88

※ 기관로그인 시 무료 이용이 가능합니다.

In 1994, Congress enacted a statute to satisfy the United States' pledge under the Trade-Related Aspects of Intellectual Property (TRIPs) agreement. The new statute added liability under the patent law for an "offer to sell." Effective January 1, 1996, 35 U.S.C. §271(a) provided that "whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States infringes the patent." Congress offered no guidance as to the meaning of the phrase other than stating in §271(i) that an "offer to sell" includes only those offers "in which the sale will occur before the expiration of the term of the patent." The primary purpose behind the addition of the "offer to sell" language was to comply and harmonize with international intellectual property regimes as part of the TRIPs agreement and was not to disturb the fundamental scope of patent protection in the United States. The interpretation of the "offer to sell" language should be consistent with this purpose. From a policy perspective, the broad interpretation of the "offer to sell" language would also have the undesirable effect of deterring international companies from conducting otherwise lawful business in the United States.



일본의 직무발명보상제도와 특징 : 2004년 개정특허법을 중심으로


한국지식재산학회 산업재산권 제19호 2006.04 pp.89-121

※ 기관로그인 시 무료 이용이 가능합니다.

The importance of technological irmovation to economic development has greatly increased, as so called 'knowledge based economy' started to grow since the last decade of 20th century. Nowadays employee innovation has been sharing overwhelming portion in all inventions in the main advanced countries. However employee invention compensation systems in those countries are now experiencing considerable revisions, as the socio-economic circumstances such as employment structures change rapidly. In Japan, the law suit cases on account of employee invention compensation has largely increased, and the amounts of sanctioned compensations by the judicial courts have become huge since 19905. And judicial decisions established the principle of aggressive intervention to calculate the amount of compensation. These shocks led to the revision of the Patent Act of 1959 in 2004. The main change by the revision was that judicial intervention should be limited only to the cases of irrational procedures, by placing great importance on the private decisions between the related parties. This paper aims to clarify the employee invention system of Japan and its characteristics, focusing on the revised Patent Act and its revising process.



국공유 IT자원의 국유재산관리에 관한 입법적 개선방향


한국지식재산학회 산업재산권 제19호 2006.04 pp.123-161

※ 기관로그인 시 무료 이용이 가능합니다.

It is required to manage 'public IT resources'(public information resources), which is at a cost of enormous national budget. However, the public information resources management has been focused on the functional management rather than the property management. Moreover, there has not been any efforts to legislate for the property management of public information resources. This article analyzes the current national property system and proposes some systemic reforms for the public information resources property management.



기술평가제도 개선방안 모색

정성찬, 함석동

한국지식재산학회 산업재산권 제19호 2006.04 pp.163-185

※ 기관로그인 시 무료 이용이 가능합니다.

Technology evaluation is expected to have growing importance to promote transfer and commercialization of technology which have been developed in universities or research institutes to effectively perform supporting policies for research and development projects. Existing technology evaluation systems vary according to 10 different Acts of 6 different governmental administrations which define regulations according to their own Act's sake which results in lack of consistency and specialty. Accordingly, a vicious circle of weak technology mortgage project, weak reliability of evaluation results, lack of linking to project monetary support, low technology transfer rate, and poor technology warranty has been continued. Measures to take mandatory technology evaluation or comprehensive Acts need to be seriously considered when implementing monetary support, going public, listing on Kosdaq, and making balance sheet to achieve effectiveness of governmental projects on technology evaluation and prepare for upcoming technology evaluation needs. Measures on developing technology evaluation tools and standard textbooks, training experts on technology judgement and estimate, and allowing them legal positions should be considered. A system to clarify the roles and functions of technology evaluation institutes such as KIBO or SHINBO and construct cooperative networks between the institutes and financial agencies needs to be established.



EU 경쟁법상 IP License에 대한 獨占規制 政策 小考


한국지식재산학회 산업재산권 제19호 2006.04 pp.187-236

※ 기관로그인 시 무료 이용이 가능합니다.

EC Treaty is based on two principles of free trade and undistorted competition. Free trade is protected by the free trade regulations of commercial products or services. Undistorted competition is protected by the competition principle of agreements prescribed from the Article 81 to Article 89. Article 81 and Article 82 among the principles about competition of communities are the most core of competition laws. The Article 81 is a regulation about prohibition of competition limiting behavior and the Article 82 is a regulation which prohibits abuse of overriding position. Both Articles has a important meaning. Therefore, the Article 81 and the Article 82 of EC competition laws! and their relationships regarding the patent property rights are reviewed. Regarding the transfer of the patent property rights! the new block exemption regulation 772/2004' is applied to the technology transfer agreements involving patents! know- hews or software copyrights (EC Regulation). On the same date the Commission also released a guide that provides advice for applying the new block exemption and for evaluating the antitrust risks of licensing agreements that fall outside the scope of the new Regulation. The new EC Regulation and the accompanying EC guidelines develop an analytical framework that is similar to the framework described in the US. Antitrust Guidelines for the Licensing of Intellectual Property (US. Guidelines). Despite the many similarities in the US and EU policy documents for the antitrust review of technology licensing agreements, there are important differences that should be noted by anyone involved in technology licensing in the United States and in the European Union. The US Guidelines focus on possible harm to inter-technology competition from licensing arrangements. The EC Regulation and Guidelines express concerns about loss of intra-technology competition as well as inter-technology competition. Despite these differences, which stem from contrasting principles in EU and US. antitrust laws, the new EC Regulation and Guidelines are a quantum leap toward a globally consistent approach to antitrust policy for technology licensing.



商品의 類似性 判斷基準에 관한 硏究 : 大法院 判例를 중심으로


한국지식재산학회 산업재산권 제19호 2006.04 pp.237-285

※ 기관로그인 시 무료 이용이 가능합니다.

The similarity of goods, along with the similarity of mark, has become one of core elements in deciding the possibility of registration of trademark. And the similarity of goods gets as much importance as the similarity of marks in the trademark system. However, Trademark Law of Korea does not provide the definitions of goods and the similarity of goods, or the standards of judgement. Instead, theories and legal precedents are referred to in deciding the similarity of goods. This study analyzes the cases of the Supreme Court on the standards of judgement in the similarity of goods, points out problems, and tries to find a new possible solutions.



商品形態의 保護 : 不正競爭防止法 제2조 제1호 자목을 중심으로


한국지식재산학회 산업재산권 제19호 2006.04 pp.287-338

※ 기관로그인 시 무료 이용이 가능합니다.

There are various laws to be applied in protection the shapes of goods. However, those laws have limits on the protection of the shape of goods, because most of the existing ones were not made to protect the shape itself of goods. To resolve this, the Unfair Competition Prevention Act was amended on January 20th, 2004 to classify the act of copying from other goods as unfair competition act and prohibit such activities. This amendment of the Act opened the door to more direct protection of the shape of goods. The system, however, has raised more problems compared with the existing industrial property right protection system. In addition, it is problematic that the applicability of the Article was greatly reduced because of too short protection period. This paper examines a variety of arguments and problems concerning the interpretation of the newly added article.



저작권의 부당한 행사에 대한 제한과 그 한계 : 저작물 이용허락계약을 중심으로


한국지식재산학회 산업재산권 제19호 2006.04 pp.339-362

※ 기관로그인 시 무료 이용이 가능합니다.

The exercise of subjective rights contributes to the goals of the community in the sense that society makes each individual an advocate of the general interest. Hence, every subjective right must tend towards the goal for which it has been granted. Any exercise of a right that is incompatible with purpose for which it was conferred would amount, under this conception, to a misuse of rights. The immediate effect on copyright law is to secure a fair return for an author's creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good. The limited scope of the copyright holder's statutory monopoly, like copyright limitation, the limited copyright duration, and compulsory licences required by the copyright law, reflects the balance of competing claims upon the public interest. Copyright licensing agreement or exercise of copyright amounted to misuse of its copyrights, if copyright licensing agreement goes essentially attempts to suppress any attempt by the licensee to independently implement the idea, copyright limitation, and the limited copyright duration which copyright subject matter, and if the copyright was used as leverage to gain competitive advantages over licensees in areas beyond the scope of the limited privileges conferred by the copyright.


페이지 저장