2009년 지적재산법 중요 판례

초록

There are not a few decisions of Korean courts in 2009 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 2009. On the particular occasion for need, exceptionally this paper reviews the lower courts decisions including the Patent Court decisions concerning intellectual property law. This paper is composed of six parts. Part I is the introduction. Part II points out some problematic cases with novelty and inventive step of selection invention, inventive step of patented invention, indirect infringement, and exhaustion of right in method invention. Part III reviews the cases associated with unconstitutionality of trademark law, trademark against public order and morality, and damages for trademark infringement. Part IV reviews the cases regarding finding standard of authorship, linking and copyright infringement. Part V examines the cases concerning acts causing confusion about the source of a service, and protection of trade secret. Part VI is the conclusion.

키워드