일본에서 특허의 유효성에 대한 중재가능성 -킬비 판결(일본 특허법 제104조의3)을 중심으로

• 영문명: The Possibility of Arbitration of Patent in Japan -focusing on Kilby case(Japanese Patent Act Article 104-3
• 발행기관: 한국중재학회
• 저자명: 윤선희
• 간행물 정보: 『중재연구』 제21권 제1호, 57~72쪽, 전체 16쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2011.03.30

영문 초록

According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.

목차

Ⅰ. 서언

Ⅱ. 일본에서의 특허유효성에 대한 판단

Ⅲ. 일본에서의 중재제도

Ⅳ. 일본에서의 특허권의 중재가능성

Ⅴ. 결어

참고문헌

ABSTRACT

키워드

킬비사건 특허법 특허권 특허의 유효성 무효심판 침해소송 중재 중재 가능성 법원 특허청 Kilby case Japanese Patent Act patent right patent validation a trial for patent invalidation patent infringement litigation arbitration court Japanese Patent Office