2016년 지적재산법 중요 판례

초록

The objective of this paper is to examine and review judgements concerning intellectual property law rendered by Korean Supreme Court in 2016. This paper is composed of five parts. Part I is introduction. Part II points out some problematic cases with method of determining inventive step of any particular invention’s relation to prior documents, prohibition of hindsight bias in inventive step analysis, possibility of the active patent right scope declaration trial on the subject matter of registered patent right, and method of determining non-creative easiness by combination of publicly known form and widely known form. Part III reviews the cases associated with registration in the name of the agent or representative of the proprietor without the latter’s authorization, interpretation of statutory damages under Korean Trademark Act, criteria for unfair competition acts of group mark use after segregation of group enterprises, and copying of configuration of goods. Part IV reviews the cases regarding the establishment of joint works in the case of ex post facto participation, referencing methods and plagiarism as a research misconducts, and the meaning of right to cinematize a work Article 99(1) of Korean Copyright Act. Part V is conclusion.

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