2011년 지적재산법 중요 판례

초록

There are not a few decisions of Korean courts in 2011 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 2011. This paper is composed of five parts. Part I is the introduction. Part II points out some problematic cases with the application of the provision of exception to laid-open patent application, the criteria for determining of inventive step of invention related to a new polymorphic crystal form, identity of invention in whole application as a prior application, and compensation for the employee invention etc. Part III reviews the cases associated with the dependence relation to design right of another person, use of trademark, ineffectiveness of trademark right, and interest of litigation for the annulment litigations for the decisions of trials to confirm the scope of trademark etc. Part IV reviews the cases unconstitutionality of Copyright Act section 104. Part V is the conclusion.

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