2017년 지적재산법 중요 판례

초록

The objective of this paper is to examine and review judgements concerning intellectual property law rendered by Korean Supreme Court in 2017. This paper is composed of six parts. Part I is introduction. Part II points out some problematic cases with novelty and inventive step standards in selection invention, the examination standards on patent claim interpretation, the application of free-to-work technology defense in literal infringement, the application fo the same solution principle test in infringement by equivalents, and claim for compensation for employee’s invention etc. Part III reviews the cases associated with distinctiveness acquired through use, the determining of the similarity of trademarks, and proper trademark use in trial for cancellation of registered trademark not in use etc. Part IV reviews the cases regarding the significance of a configuration which is commonly used for the goods of the same kind in the protection of configuration of goods, and the interpretation of unfair intent of domain name in Internet Address Resources act Article 12. Part V examines the cases concerning the legal protection of TV broadcasting program formats, breach of license and copyright infringement, and the crime of publication under the real name or pseudonym of a person other than the author. Part VI is conclusion.

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