특허권소진의 의의와 그 논거에 관한 연구

Abstract

As globalized, economy has led each country to be concerned about their own patent law issue. As BBS case(Japan), the issue of parallel imports is a matter of interpretation of domestic patent law. Accordingly, principle of patent independence and territoriality are not relevant to the analysis of parallel imports. For example, BBS case(Tokyo high court, Japan) reads each country to be concerned about international exhaustion of right. Therefor each country accepts the doctrine of international exhaustion for their purpose of Patent law. In the beginning, Korean government prohibit the parallel importation of genuine goods to evade unnecessary trade friction and to protect the intellectual property rights. however Korean government accepted the parallel importation of genuine goods partly through amendment of the Customs Service regulations in 1995. The acceptance of the doctrine of international exhaustion will depend on each country’s level of economic development. In this paper, we focus on the meaning and type of exhaustion of patent right. And we will introduce about the scope, requirement, effect, and standard of infringement judgment next time.