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· 분류 : 국내도서 > 대학교재/전문서적 > 법학계열 > 상법/특허법
· ISBN : 9788992957816
· 쪽수 : 300쪽
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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
