특허심판 거버넌스의 보편성과 특수성: IP5(Intellectual Property 5) 국가를 중심으로

초록

The focus of this study is on exploring the universality and specificity of patent trial and appeal from the IP5 countries. The policy goal of patent trial and appeal in IP5 centers on reduction in period of request for trial and improvement of trial quality. Currently, the universal efforts by IP5 centered on reinforcement of patent trial and appeal agency. For example, 1) the US intensified estoppel by establishing IPR in 2012, 2) EU launched the European Patent Office in 2017, and 3) China and Japan improved the patent dispute system by adhering to transposition system of administrative decision before the litigation. However, Korea is under specific situations which hampers achieving the policy goal. Examples are, 1) Presidential Council on Intellectual Property became nominal, 2) due to inappreciation of professionalism in Intellectual Property Trial and Appeal Board, there are unnecessary complaints about transposition system of administrative decision before the litigation, 3) conflicts between central governments prevents establishing the strategy for intellectual rights in the forth industrial revolution era. In the final section, this study integrated the universality from IP5 and specificity from Korea to provide policy proposals for the improvement of patent trial and appeal governance in Korea.

키워드