智慧財產權月刊 226 期

12 /76

12 106.10 智慧財產權月刊 VOL.226
本月專題
專利有效性判斷歧異之研究―以民事再審程序為中心
୞ᒔ݊˜ͣώɓఙ™dޟЇᒔ ࠅࠦ࿁˜ʔ຅੻л™ڏᒔٙ॰Ӌfˈ˸Ң਷ʕʃΆุd
̕Ό᜗Άุٙ 97.69% 22d݊ၽᝄ຾᏶೯࢝ٙնএd݊щϞ̂ԑɛɢeৌɢᏐ˹d
ՓܓணࠇЧʔೌᏨীٙቱήf
肆、結論
Ң਷˜ਖ਼лೌࣖᕐࠐՓ™ତБ༶ЪઋҖd͍νΝ˚͉ίत஢جୋ 104 ૢʘ 4
ᄣ ۃࠈdהࠦᑗՑٙਪᕚfίʮӷجɚʩ᜗Փɨdረʚ͏ԫ৫جІމਖ਼лϞࣖ׌
кᓙᛆࠢdίෛܝ ֐೯͛ਖ਼лᑘ೯࿞ቖϓͭٙઋԫd˚͉Νᅵପ͛Դᛆл๑ʿ̰
ࣖeᆽ֛кӔ˞ॹᄲкਿᓾdϾϞˀᔧ˸Ύᄲ೻ҏృӋહ᏶ٙنᙄf
Ϟᛠ׵Ϥd˚͉׵ 2012 ϋ 4 ˜ 1 ˚ʮ̺݄Бत஢ج ୋ 104 ૢʘ 4 23d༊ྡ
༆ӔᕐࠐՓ ה͛ʘΎᄲنᙄd׼˖ࠢՓ͏ԫதن ຅ԫɛ࿁׵ਖ਼лڧ ᛆᆽ֛кӔd
22 ਞԈ 2015 ϋʕʃΆุࣣͣͤ୕ࠇ ༟ࣘ
€௰ ܝᓭᚎ˚j 08/16/2017f
23 ˚͉त஢جୋϵ̬㵦㗮̬cत஢権߰㗗㗏㗯専用実݄権 㗮ڧ࢔ɦ㗯ୋʬɤʞ㵦ୋɓධ߰㗗㗏㗯
ୋϵɞɤ̬㵦㗮ɤୋɓධ㗫஝֛㗙㘋໾Ꮅږ㗮˕払㗮ሗӋ㗫ڷ 㘋ൡத㗮୞҅кӔ㗌ᆽ֛㗗㗟ܝ
㗫eϣ㗫掲㗒㘋Ӕ֛ɦ㗯ᄲӔ㗌ᆽ֛㗗㗟㗨㗍㗯e当༈ൡத㗮 当ԫ٫㗧㗂㗤㗟٫㗯e当 ༈୞҅
кӔ㗫対㗙㘋Ύᄲ㗮ൡ㗈€当 ༈ൡத㘒͉ࣩ㗨㗙㘋㵶ࢨץն˿ԫ΁㗮ව権٫㗫対㗙㘋ฦ࢔ሦᎵ
㗮ሗӋ㘒ͦٙ㗨㗙㘋ൡ㗈Ԩ㗳㗫当༈ൡத㘒͉ࣩ㗨㗙㘋㵶処 ʱն˿ԫ΁㗮ව権 ٫㗫対 㗙㘋ฦ࢔
ሦᎵʿ㗳ʔ当 л੻ڏᒔ㗮ሗӋ㘒ͦٙ㗨㗙㘋ൡ㗈㘒ў㘀f㗫㗊㗄㗦e 当༈Ӕ֛ɦ㗯ᄲӔ㗌ᆽ
֛㗗㗟㗓㗨㘒˴ੵ㗙㘋㗓㗨㗌㗧㗍㗪㗄f
Article 104-4c Where the following ruling or trial decision has become final and binding after a final
judgment on a litigation pertaining to an infringement of a patent right or an exclusive license or to
a claim of compensation as provided in Article 65 (1) or Article 184-10 (1) has become final and
binding, a person who was a party in the said litigation may not claim the fact that the said ruling or the
said trial decision has become final and binding in an appeal for retrial against the said final judgment
(including appeals for the purpose of the claim of compensation for damage against an obligee of a
case of provisional seizure order in which the said litigation is the case and appeals for the purpose of
the claim of the compensation for damage and the return for unjust enrichment against an obligee of
the case of provisional disposition order in which the said litigation is the case):
ɓc当 ༈त஢㘒՟㘊ऊ㗙㗹㗍ϙ㗮Ӕ֛ɦ㗯ೌ䁟㗫㗙㗹㗍ϙ㗮ᄲӔ
(i)ca ruling to the effect that the said patent is to be revoked or a trial decision to the effect that the
said patent is to be invalidated;
ɚc当 ༈त஢権 㗮π続ಂග㗮ַ ೮ڗ録㘒ೌ䁟㗫㗙㗹㗍ϙ㗮ᄲӔ
(ii)ca trial decision to the effect that the registration of extension of the duration of the said patent is
to be invalidated;
ɧc当 ༈त஢㗮ᗴࣣ㗫૴˹㗗㗟׼୚ࣣeत஢ሗӋ㗮ᇍ囲ɦ㗯図 ࠦ㗮ࠈ͍㘒㗙㗹㗍ϙ㗮Ӕ֛ɦ
㗯ᄲӔ㗧㗂㗤㗦݁˿㗧֛㘁㘋㘂㗮
(iii)ca ruling or a trial decision as provided by Cabinet Order to the effect that the description, scope
of claims or drawings attached the application for the said patent is to be corrected.