韩国专利权间接侵权制度研究

Study on Indirect Infringement of Patent Right in South Korea

通过对韩国专利权间接侵权责任制度进行比较研究后发现,在法律规定上,韩国对专利间接侵权行为的认定范围相对较窄;但在专利实践中,韩国法院认为,间接侵权责任的构成不以直接侵权行为为前提;然而,韩国与中国等国在专利保护程度上并无显著差异。受到间接侵权的专利权人享有多种救济权利,依照专利独立的原则,中国可根据本国的产业发展程度合理地设计专利制度,专利权人应了解专利权侵权相关法律规定或解释原则,有必要合理应对外国的侵权行为。

This article relates to a comparative study of indirect patent infringement in South Korea. Provisions under the Korean Patent Act recognize indirect infringement in a much more limited manner than those in other countries. However, the Korean courts construe that indirect infringement does not require an act of direct infringement as a precondition. Therefore, for the degree of protection, there is no significant difference between Korea and China. A patentee whose right has been infringed indirectly has various relief rights. According to the principle of independent patent, China should design patent system to the degree of development of its industry. Patentee has to understand laws related to patent infringement and principles of their interpretation to respond to foreign infiingement reasonably.