HOME > 상세정보

상세정보

지식재산권 남용과 공정거래연구

지식재산권 남용과 공정거래연구 (8회 대출)

자료유형
단행본
개인저자
정주환
서명 / 저자사항
지식재산권 남용과 공정거래연구 / 정주환
발행사항
서울 :   한국지식재산연구원,   2017  
형태사항
300 p. : 도표 ; 23 cm
총서사항
지식재산연구총서 ;12
ISBN
9788992957816
일반주기
색인수록  
000 00000cam c2200205 c 4500
001 000045933188
005 20180511171337
007 ta
008 180307s2017 ulkd 001c kor
020 ▼a 9788992957816 ▼g 93360
035 ▼a (KERIS)BIB000014719729
040 ▼a 247017 ▼c 211009 ▼d 211009
082 0 4 ▼a 346.048 ▼2 23
085 ▼a 346.048 ▼2 DDCK
090 ▼a 346.048 ▼b 2017z2
100 1 ▼a 정주환 ▼0 AUTH(211009)81123
245 1 0 ▼a 지식재산권 남용과 공정거래연구 / ▼d 정주환
260 ▼a 서울 : ▼b 한국지식재산연구원, ▼c 2017
300 ▼a 300 p. : ▼b 도표 ; ▼c 23 cm
440 0 0 ▼a 지식재산연구총서 ; ▼v 12
500 ▼a 색인수록
945 ▼a KLPA

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 346.048 2017z2 등록번호 111787123 도서상태 대출중 반납예정일 2021-05-20 예약 예약가능 R 서비스 M
No. 2 소장처 과학도서관/Sci-Info(1층서고)/ 청구기호 346.048 2017z2 등록번호 121245770 도서상태 대출가능 반납예정일 예약 서비스 B M
No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 346.048 2017z2 등록번호 111787123 도서상태 대출중 반납예정일 2021-05-20 예약 예약가능 R 서비스 M
No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 과학도서관/Sci-Info(1층서고)/ 청구기호 346.048 2017z2 등록번호 121245770 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

책소개

지식재산권 분야에서 발생할 수 있는 공정거래법 관련문제를 검토하는 것을 목적으로 한다. 국민경제 전체의 이념에서 형성된 공정거래법의 운용은 지식재산권 제도로부터 기대되는 경쟁촉진 효과를 최대한 살리면서 지식재산 제도의 원취지를 일탈한 지식재산권 남용행위에 의해 경쟁에 부정적 영향이 없도록 함이 최선의 정책이 될 것이다.


정보제공 : Aladin

저자소개

정주환(지은이)

법학박사(고려대학교) 고려대학교 법학연구소 연구원/법제처 법제연구관 국립창원대학교 법학과 전임강사 단국대학교 사회과학대학 법학과 조교수 단국대학교 법학대학장/법정대학장/단국대학교 법학연구소장(현) 미국 워싱턴로스쿨 교환교수(교육부 프로그램) 중국 청도대학법학원 방문연구교수(한국연구재단 프로그램) 중국 연태대학법학원 객좌교수/중국 산동정법대학법학원 객좌교수 중국 산동대학법학원 겸직교수 사법시험위원/대한공인중개사협회 보상심사위원장 한국경영법률학회 회장/법과역사학회 회장(현) <저 술> 법과 경제질서, 단국대학교 출판부, 1992 한국경제법, 세창출판사, 1994 전정판 한국경제법, 세창출판사, 1997 경제법연구, 세창출판사, 1997 상행위법연구, 세창출판사, 1999 전자상거래법연구, 단국대학교 법학연구소, 2000 공정거래법연구, 신양사, 2012 상법Ⅰ, 와이제이, 2015

정보제공 : Aladin

목차

제1장 지식재산권과 공정거래법 / 7 
|제1절| 지식재산권의 개념 및 공정거래법의 취지 ······························· 9 
|제2절| 각 법의 목적 ··········································································· 12 
|제3절| 지식재산권남용에 대한 공정거래법적 규제의 기초 ·············· 14 
|제4절| 지식재산권과 공정거래법의 관계 ·········································· 17 

제2장 지식재산권 남용행위의 유형 / 19 
|제1절| 지식재산권 남용행위의 유형적 기초 ····································· 21 
Ⅰ. 실시허락 ···················································································· 21 
Ⅱ. 끼워팔기 ···················································································· 42 
Ⅲ. 그랜트백(grant back) 조항 ······················································· 49 
|제2절| 특허풀 ···················································································· 51 
Ⅰ. 특허풀의 실시형태 ···································································· 51 
Ⅱ. 위법 행위 유형 ········································································· 51 
Ⅲ. 외국의 원칙 및 판례 ·································································· 53 
|제3절| 표준필수특허 ········································································· 57 
Ⅰ. 표준필수특허에 따른 권리 행사 ·············································· 57 
Ⅱ. PAE에 의한 권리 행사 ····························································· 60 
Ⅲ. 의약품 특허 분쟁의 역지불 ······················································ 62 
Ⅳ. 특허권의 행사 ··········································································· 62 
Ⅴ. 위법 행위 유형 ·········································································· 63 
Ⅵ. 표준설정과 공정거래법 ····························································· 64 
Ⅶ. 특허공개의무 위반 사례 ·························································· 68 
Ⅷ. FRAND 조건 위반 사례 ― Qualcomm 사건 ··························· 72 

제3장 지식재산권 남용행위의 위법성 판단 / 75 
|제1절| 기본 원칙 ··············································································· 77 
|제2절| 위법성 판단의 기초 ································································ 79 
Ⅰ. 관련시장의 획정 ········································································ 79 
Ⅱ. 경쟁제한효과 ············································································ 80 
Ⅲ. 효율성 증대효과 ········································································ 82 
Ⅳ. 권리남용 ···················································································· 84 

제4장 지식재산권 남용행위의 규제 / 113 
|제1절| 규제의 필요성 ······································································ 115 
|제2절| 비교법적 고찰 ······································································ 117 
Ⅰ. 미 국 ······················································································· 117 
Ⅱ. EU ··························································································· 125 
Ⅲ. 일 본 ······················································································· 126 
Ⅳ. 중 국 ······················································································· 168 
Ⅴ. 한 국 ······················································································· 206 
|제3절| 판례법적 고찰 ····································································· 226 
Ⅰ. 국 외 ······················································································· 226 
Ⅱ. 국 내 ····················································································· 268 
|제4절| 지식재산권 분쟁과 부당한 합의 ··········································· 272 
Ⅰ. 부당한 합의와 경쟁관련성 ······················································ 272 
Ⅱ. 위법 행위 유형 ········································································ 272 
Ⅲ. 부당한 합의와 공동행위 ·························································· 274 
|제5절| 특허소송의 남용과 경쟁 ······················································· 277 
Ⅰ. 특허소송과 권리보호 ······························································ 277 
Ⅱ. 특허침해소송과 특허소송의 남용 ··········································· 278 
Ⅲ. 남용의 방지 ············································································· 288 

제5장 결 론 / 291 

▨ 판례 색인 / 299

관련분야 신착자료