2025년 지적재산법 중요판례평석

초록

This paper analyzes 12 Supreme Court decisions and 2 Constitutional Court decisions sentenced in 2025 concerning intellectual property law. This paper consists of a total of seven chapters. Chapter one is an introduction. In Chapter two, 6 decisions on the patent law are analyzed and reviewed. The decisions are the case as to what is the scope of publicly known inventions to which the effect of the public disclosure exception provision extends; whether free-to-work art defense is allowed in a patent scope confirmation trial against a registered patent applying public disclosure exception system; whether it constitutes direct infringement or indirect infringement of a patent right; interpretation issues of functional claim elements etc. In Chapter three, 1 decision on the design protection law is analyzed and reviewed. This case concerns the determination of whether the designs of common goods are similar. In Chapter four, 1 Supreme Court decision and 1 Constitutional Court decision on the trademark law are analyzed and reviewed. Regarding the trademark law, it addresses cases concerning the enforceability of ordinary use rights; the constitutionality of the addenda of the trademark law, which restrict the application of newly established grounds for invalidation trials. In Chapter five, 1 decision on the unfair competition prevention law is analyzed and reviewed. This case concerns the act of misappropriation of achievements, etc., as defined in Article 2 (1)(Pa). However, this case is identical to the case that dealt with the existence of direct or indirect infringement of a patent right. In Chapter six, 4 Supreme Court decisions and 1 Constitutional Court decision on the copyright law are reviewed. The cases addressed here concern issues such as whether the globally popular children’s song “Baby Shark” infringed the copyright of another’s derivative work; how to determine the governing law regarding the initial ownership of copyright in works created in the course of employment; the meaning of “phonogram published for commercial purposes” as defined in Article 29, Paragraph 2 of the copyright law; the expiration of the protection period for the rights of foreign performers; whether the lack of provisions for remuneration to publishers when using works for school education purposes violates the Constitution. Chapter seven is conclusion.

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