• 발명특허
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• v.36 no.4
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• pp.30-33
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• 2011

• Journal of Legislation Research
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• no.54
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• pp.303-343
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• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• 한국벤처창업학회:학술대회논문집
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• 2007.11a
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• pp.15-43
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• 2007

The object of this study is to present a strategy against technology protectionism of advanced countries focusing on international cooperation policy of KIPO and infringement of overseas intellectual property rights on the notion that a policy performed without a long-term plan will not lead to industrial growth in the long run. The number of dispute cases of intellectual property rights in Japan ranks first with 275 cases compared to that of other countries. Among the dispute case, the number of validation trial is 107 cases(38.9%), and correction trial is 83 cases(30.2%). The USA ranks second in dispute of intellectual property rights. Among the dispute of intellectual property rights in the USA, the number of validation trial is 66 cases(64.7%), and correction trial is 21 cases(20.6%). A strategy against technology protectionism of advanced countries is as follows. A strategy is required to cope with infringement of overseas intellectual property rights. Korean government has to strengthen the function of overseas intellectual property rights protection center, strengthen boundary restriction of infringement goods, promote international dispute study, train international dispute specialist, solve jurisdiction problem of patent court system, improve trial system, construct confidence as social capital etc. Enterprises have to maintain No Patent No Future policy, specialize on application and countermeasure against infringement dispute, participate for formation and standardization of Patent Pool, strive for specialization regarding technical transfer and license management.