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

Title
일본에서 특허의 유효성에 대한 중재가능성-킬비 판결(일본 특허법 제104조의3)을 중심으로-
Author
윤선희
Keywords
킬비사건 관련메뉴; 특허법 관련메뉴; 특허권 관련메뉴; 특허의 유효성 관련메뉴; 무효심판 관련메뉴; 침해소송 관련메뉴; 중재 관련메뉴; 중재 가능성 관련메뉴; 법원 관련메뉴; 특허청 관련메뉴; Kilby case 관련메뉴; Japanese Patent Act 관련메뉴; patent right 관련메뉴; patent validation 관련메뉴; a trial for patent invalidation 관련메뉴; patent infringement litigation 관련메뉴; arbitration 관련메뉴; court 관련메뉴; Japanese Patent Office 관련메뉴
Issue Date
2011-03
Publisher
한국중재학회
Citation
중재연구, Vol. 21, No. 1, pp.57-72 (16)
Abstract
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.
URI
http://www.dbpia.co.kr/Journal/ArticleDetail/NODE01666080https://repository.hanyang.ac.kr/handle/20.500.11754/70221
ISSN
1226-3699
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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