2010년 지적재산법 중요 판례

A Study on Precedents regarding Intellectual Property Law in 2010
  • 박성호

초록

There are not a few decisions of Korean courts in 2010 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 2010. This paper is composed of six parts. Part I is the introduction. Part II points out some problematic cases with novelty of invention, inventive step of invention defined by numerical limitation, compensation for the employee’s invention, and determining whether a design is same or similar with another. Part III reviews the cases associated with grounds for rejection of registration, scope of ineffectiveness of trademark right, and cancellation of a registered trademark. Part IV examines the cases concerning acts causing confusion about the source of a service, and protection of trade secret. Part V reviews the cases regarding copyrightability of character, work made by an employee in the course of his duties, and copyright infringement issue of linking. Part VI is the conclusion.

키워드

신규성진보성수치한정발명직무발명직무발명의 보상상표등록을 받을 수 없는 상표상표권의 효력 제한상표등록취소영업주체혼동행위영업비밀의 보호캐릭터의 독자적 저작물성업무상저작물링크와 저작권 침해noveltyinventive stepinvention defined by numerical limitationemployee’s inventioncompensation for the employee’s inventiongrounds for rejection of registrationineffectiveness of a trademark rightcancellation of a registered trademarkacts causing confusion about the source of a serviceprotection of a trade secretcopyrightability of characterwork made by an employee in the course of his dutieslinking and copyright infringement
제목
2010년 지적재산법 중요 판례
제목 (타언어)
A Study on Precedents regarding Intellectual Property Law in 2010
저자
박성호
DOI
10.22999/hraj..415.201103.010
발행일
2011-03
저널명
인권과 정의
415
페이지
140 ~ 152

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