특허권 효력에 관한 검토 - Patent Troll의 남용적 권리행사에 대한 효력 제한 방안을 중심으로 -

초록

Recently, as the type of patent enforcement has been varied and the technologies in IT and machine sector have been complexed and sophisticated, there is a need of reviewing effect of patent right. Especially, in the cases of Patent Troll which is not doing patented invention directly, it is possible to enforce patent severely and extremely because there is no need of doing cross-licensing and being filed a lawsuit on the ground of infringing patent. Based on that reason, patent abuse of Patent Troll should be limited. This article suggests the way of limiting effect of patent right on patent abuse of Patent Troll with discussions on the essence of patent right and eBay case by U.S supreme court which admits damages based on infringement of patent but denies injunction. For this, it is important and urgent to classify and specialize the act of patent abuse of Patent Troll. The application of general principle such as the doctrine of misuse of rights might be possible theoretically to limiting effect of patent right. However, it may invite problems because of current Korean legal system so it should be solved through revising legislation to complement the required conditions of compulsory license.

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