2023년 지적재산법 중요판례평석

초록

This paper is an analysis and review of important Supreme Court decisions in 2023 on Intellectual Property Law. This paper consists of a total of seven chapters. Chapter one is an introduction. In Chapter two, four decisions on the patent law were analyzed and reviewed. The decisions are the case as to inventive step standards of invention related to a crystal form, selection invention, and invention defined by numerical limitation. In Chapter three, one decision on the design protection law was analyzed and reviewed. This case is about the meaning of freely practiced design related to the exception to lack of novelty. In Chapter four, four decisions on the trademark law were analyzed and reviewed. Among them, the notable decision is the case as to any trademark likely to dilute their distinctiveness or reputation of another person remarkably recognized by consumers. In Chapter five, two decisions on the unfair competition prevention law were analyzed and reviewed. Both cases involved the issue of damages under the civil law. In Chapter six, three decisions on the copyright law were reviewed. Among them, a noteworthy ruling concerns the so-called ‘international exhaustion’ of copyright. It is expected to have a significant impact on the practice of parallel importation of genuine goods. Chapter seven is conclusion.

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