베니스 특허법 분석을 통한 특허제도 본질에 대한 고찰 = Studies on the essence of patent system by the analysis of Venetian Patent Act

다국어 초록 (Multilingual Abstract)

The patent system has significant influence on knowledge-based economy. This article has studied Venetian Patent Act known as the origin of modern patent system in order to get some implications about how to manage patent system nowadays.
The European patent system arose out of the desire of rulers to encourage the development of new industries. The purpose of Venetian patent Act is to discourage the emigration of skilled craftsmen and encourage skilled workers to immigrate into the Republic of Venice. One of the notable features of Venetian patent Act is that it focused on manufacture of products originated from new ideas. It did not separate new ideas from products embodying it.
One the other hand, modem patent system protects new ideas as a property as such. Therefore, in many countries patentee has no obligation to make or use the invention provided that patented products are imported into the country.
There is a marked contrast between a tool to encourage new industry and natural right for inventor in considering the essence of patent system. It is time to reconsider the role of patent system.