2022년 지적재산법 중요판례평석

Analysis of Major Cases on the Intellectual Property Law in 2022
  • 박성호

초록

This paper is an analysis and review of important Supreme Court decisions in 2022 on Intellectual Property Law. This paper consists of a total of six chapters. Chapter one is an introduction. In Chapter two, six decisions on the patent law were analyzed and reviewed. Among them, the notable decisions are the case as to inventive step standards of invention related to a crystal form, and whether a non-prejudicial disclosure exception be claimed in the divisional application procedure without any previous claiming in the parent application. In Chapter three, four decisions on the trademark law were analyzed and reviewed. In Chapter four, four decisions on the unfair competition prevention law were analyzed and reviewed. Among them, decision related to the application standards of the supplementary general provision need to be reviewed both practically and academically. In Chapter five, four decisions on the copyright law were reviewed. Among them, a noteworthy ruling concerns whether the collection of data using a crawling program violated the rights of the database producer. It will have a great influence on our trial practice over web crawling.

키워드

invention related to a crystal forminventive step standards of invention related to a crystal formdivisional applicationnon-prejudicial disclosurepatent lawtrademark lawsupplementary general provisionunfair competition prevention lawcrawling programrights of database producerscopyright law결정발명결정발명의 진보성 판단기준분할출원공지예외특허법상표법보충적 일반조항부정경쟁방지법크롤링 프로그램데이터베이스제작자의 권리저작권법
제목
2022년 지적재산법 중요판례평석
제목 (타언어)
Analysis of Major Cases on the Intellectual Property Law in 2022
저자
박성호
DOI
10.22999/hraj..513.202305.008
발행일
2023-05
저널명
인권과 정의
513
페이지
198 ~ 231

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