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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2011.1
- 수록면
- 79 - 115 (37page)
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In modern society, as the state-of-the-art technology developed rapidly, joint research and development between a company and university or between a company and government is increased in number and thus the co-ownership of patent right are increasing rapidly. Also, the dispute as to the co-ownership of patent right have increased.
In this dispute, an important issue that needs to be addressed is whether one of the co-owners in a patent co-ownership can maintain a action for an infringement when he appeals in the Court of Appeal without the join of the other co-owners.
This issue is about the standing to sue in litigation as to co-ownership of patent right. This is influenced by legal characters of co-ownership of patent right. Because the legal characters gives the standards of judgment who will be the right person that has the standing to sue in litigation as to co-ownership of patent right.
So this article, first of all, deal with the issues the legal characters of co-ownership of patent right thorough the research of the patent law related with co-ownership of patent right. In sequence, this article give the issue on the standing to sue in litigation as to co-ownership of patent right. Lastly, it give the revision direction for standing to sue in litigation as to co-ownership of patent right.
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