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지은이 : 정주환
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
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
｜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
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반품/교환
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반품/교환 반품/교환 방법 홈 > 고객센터 > 자주찾는질문 “반품/교환/환불” 안내 참고 또는 1:1상담게시판 반품/교환 가능 기간 반품,교환은 배송완료 후 7일 이내, 상품의 결함 및 계약내용과 다를 경우 문제발견 후 30일 이내에 신청가능 반품/교환 비용 변심 혹은 구매착오의 경우에만 반송료 고객 부담(별도 지정 택배사 없음) 반품/교환 불가 사유 - 소비자의 책임 사유로 상품 등이 손실 또는 훼손된 경우
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소비자 피해보상
환불지연에 따른 배상- 상품의 불량에 의한 반품, 교환, A/S, 환불, 품질보증 및 피해보상 등에 관한 사항은
소비자 분쟁해결 기준(공정거래위원회고시)에 준하여 처리됨 - 대금 환불 및 환불지연에 따른 배상금 지급 조건, 절차 등은 전자상거래 등에서의
소비자 보호에 관한 법률에 따라 처리함
반품/교환 주소 경기도 파주시 문발로 77, 웅진북센(반디앤루니스)
