2012년 지적재산법 중요 판례

초록

There are not a few decisions of Korean courts in 2012 which should be reviewed theoretically on the level of intellectual property law. Primarily, the objective of this paper is to examine and review judgements concerning intellectual property law rendered by the Supreme Court in 2012. On the particular occasion for need, exceptionally this paper reviews the lower court decision concerning intellectual property law. This paper is composed of four parts. Part I is the introduction. Part II points out some problematic cases with defense of invalidity of patent in infringement lawsuit, the principle of the prohibition of double jeopardy, position mark, and defense of invalidity of trademark in infringement lawsuit. Part III. reviews the cases regarding the meaning of ‘a phonogram published for commercial purposes’ in article 29 paragraph ii of copyright law, and non-infringing acts of copyright law. Part VI is the conclusion.

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