WTO TRIPs 협정상의 특허분쟁 사례개요

WTO TRIPs 협정상의 특허분쟁 사례개요
법학연구, WTO, TRIP, 특허분쟁
Issue Date
인하대학교 법학연구소
Series/Report no.
법학연구제7집37-58 pp.
The importance of intellectual property in modern international trade is
ever growing in international society. As a natural consequences, the
disputes over patents, trademarks and copyrights are also increasing year by
year. The WTO Dispute Settlement Body, a kind of court to settle
international trade disputes between the WTO Member States, has dealt with
at least 23 cases related to the TRIPs Agreement during the past ten years
since the establishment of the WTO in 1995.

Amongst them, actual cases which dealt with patent matters and which
produced panel or panel/Appellate Body reports are so called India-
"Mailbox System" case, Canada - Patent Term case, and Canada -
Pharmaceutical Product case. The first two cases may have only a temporary
effect during the transition period, but the effects of the Canada-
Pharmaceutical case must have a huge impact on the Pharmaceutical
industries of the developed countries and the consumers of the medicines.

After discussing the importance of intellectual property in international
trade, summary of the case, facts and claims of the disputing parties,
decisions of panel/Appellate Body, reasoning of the decisions, of the above
three cases are briefly introduced. Even though each cases are just briefly
introduced in this article, the thorough study in this area will be crucially
important for out national interest in the near future.
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연구기관 > 법학연구소 > 법학연구(法學硏究)
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