2015년 지적재산법 중요 판례

초록

The objective of this paper is to examine and review judgements concerning intellectual property law rendered by the Supreme Court in 2015. This paper is composed of five parts. Part I is introduction and overview. Part II point outs some problematic cases with elements of the invention in the medical use invention, determination of novelty or inventive step in product by process claims, exportation of semi-manufactured goods and indirect patent infringement, and determination of applicable law in the ownership of employee’s invention. Part III reviews the cases associated with determination of functionality in 3-dimensional trademark, protection of consumers from detective trademarks, application of an act of causing confusion as an indication of another person’s business to musical title. Part IV reviews the cases regarding standard of creativity in musical works, the mural painting destruction and artist’s personality right, internet link and indirect copyright infringement etc. Part V is conclusion.

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