2020년 지적재산법 중요판례평석

초록

This paper is an analysis and review of important Supreme Court decisions in 2020 on Intellectual Property Law. This paper consists of a total of 6 chapters. Chapter 1 is an introduction. In Chapter 2, five decisions on the patent law were analyzed and reviewed. Among them, the notable decisions are the case concerning the scope of hearing in litigation to revoke a trial ruling on the grounds for breach of non bis in idem, and the case as to whether the confirmation of patent-correction ruling after the closing of fact-finding proceedings in litigation to revoke a trial ruling is grounds for retrial. In particular, the later decision was the en banc decision, which excluded the confirmation of patent correction judgment from the grounds for retrial. Therefore, this decision will have a great influence on our trial practice in the future. As a countermeasure against this, we need to systematically improve the trial practice system. In Chapter 3, five decisions on the trademark law were analyzed and reviewed. Among them, the notable decisions are the case as to cancellation of trademark registration based on use for unlawful purpose of trademark licensee, and the case concerning breach of contract and the rule of exhaustion in trademark. The former decision is important in that it recognized the need to reasonably resolve disputes arising between past and present trademark owners. However, there are doubts about the conclusion of the decision. The later decision will serve as a catalyst for more cases in the future. In Chapter 4, seven decisions on the unfair competition prevention law were analyzed and reviewed. Among them, decisions related to the application standards of the supplementary general provision need to be reviewed both practically and academically. In Chapter 5, three decisions on the copyright law were reviewed. Among them, the case concerning the criteria for judging the creativity of architectural works is important.

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