2021년 지적재산법 중요판례평석

Analysis of Intellectual Property Judgments by Korean Supreme Court in 2021
  • 박성호

초록

This paper is an analysis and review of important Supreme Court decisions in 2021 on Intellectual Property Law. This paper consists of a total of 6 chapters. Chapter 1 is an introduction. In Chapter 2, eight decisions on the patent law were analyzed and reviewed. In Chapter 3, three decisions on the trademark law were analyzed and reviewed. Among them, the notable decision is the case as to whether the use of a later-filed registered trademark infringes an earlier-filed registered trademark. This decision is the en banc decision, which will have a great influence on our trademark practice in the future. As a countermeasure against this, we need to systematically improve the trademark practice system. In Chapter 4, one decision on the unfair competition prevention law was analyzed and reviewed. In Chapter 5, five decisions on the copyright law were reviewed. Among them, the case concerning the criteria for determining the indirect copyright infringement by internet linking is important. It is also the en banc decision, which will have a great influence on our trial practice over so-called ‘leech site’.

키워드

selection inventionparameter inventionproduct by process claimsnovelty and inventive step standardssolution principle test in infringement by equivalentsnon bis in ideminfringement of an earlier-filed registered trademark by the use of a later-filed registered trademarktext-criticism. scope of protection for academic worksneighbouring rights or related rights of producer of phonogramleech sitelinking and indirect copyright infringement선택발명파라미터 발명제조방법이 기재된 물건발명신규성과 진보성의 판단기준균등침해에서 과제해결원리일사부재리후출원 등록상표 사용에 의한 선출원 등록상표의 침해문헌비판학술저작물의 보호범위음반제작자의 저작인접권리치사이트링크와 저작권 침해방조
제목
2021년 지적재산법 중요판례평석
제목 (타언어)
Analysis of Intellectual Property Judgments by Korean Supreme Court in 2021
저자
박성호
DOI
10.22999/hraj..505.202205.005
발행일
2022-05
저널명
인권과 정의
505
페이지
114 ~ 146