2024년 지적재산법 중요판례평석

초록

This paper is an analysis and review of important Supreme Court decisions in 2024 on Intellectual Property Law. This paper consists of a total of six chapters. Chapter one is an introduction. In Chapter two, eight decisions on the patent law were analyzed and reviewed. The decisions are the case as to inventive step standards of invention related to a crystal form, selection invention, the written description requirements for parameter invention, and the case of application for registration of an extension of term of patent etc. In Chapter three, four decisions on the trademark law were analyzed and reviewed. Among them, the notable decisions are the cases associated with distinctiveness acquired through use, the determining of the similarity of composite trademark etc. In Chapter four, three decisions on the unfair competition prevention law were analyzed and reviewed. The cases are regarding non-knowability of information created by combining publicly known information as a result of applying the so-called mosaic theory, the trade secret co-ownership and self-use of co-owners of trade secrets etc. In Chapter five, three decisions on the copyright law were reviewed. Among them, a noteworthy ruling concerns the criteria for determining fair use under Korean copyright law, and the Berne Convention as a conflict-of-laws rule etc. Chapter six is conclusion.

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