2013년 지적재산법 중요 판례

초록

There are not a few decisions of Korean courts in 2013 which should be reviewedtheoretically on the level of intellectual property law. The objective of this paper is to examine andreview judgements concerning intellectual property law rendered by the Supreme Court in 2013. This paper is composed of five parts. Part I is the introduction. Part II point out some problematiccases with the novelty and inventive step standard of invention defined by numerical limitation, thecompensation for the employee’s invention, the proof of generally known technology, the effect forprinciple against double jeopardy, and the partial design. Part III reviews the cases associated withthe standard point for determining the distinctiveness acquired through using the pre-usedtrademark in trademark liable to deceive consumers, the trademark use as a design, and the trialfor trademark cancellation for non use. Part IV reviews the cases regarding the limitation ofintegrity right by implicit consent, and the standard to determine of the quotation of publishedworks. Part V is the conclusion.

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