Earticle

초록

영어

Under the current legal regime, protection of the objects created in Cyberspace, which is formulated by the development of the information technology, is sometimes regarded inappropriate or the protection system does not fully understand the characteristics of Cyberspace such as openness, sharing, and participation among its members. Also, there are cases where no protection at all is granted according to the types of the cyber-objects, although proper protection thereof must be required. The following four measures can be employed to determine the appropriateness: degree of creativity, life cycle of cyber-objects in question, investment amount and development period and nature of cyber-objects. Therefore, the protection of the cyber objects is difficult to solve by applying the lex real space when considering the characteristic of Cyberspace and cyber-objects and appropriate method and extent of the protection for Cyberspace must be established. The protection system for cyber property rights must reflect the spirit of co-authership, sharing of properties and promoting utilization of cyber property rights. To meet the need of establishing rules for appropriate protection, in this article, first of all, I will intend to establish definition and scope of cyber property and review features of cyber property right.
Firstly I will address emergence of creations in Cyberspace and legal concept for those creations, introducing recent moves of Cyberspace which has been emerged and has been developed and legal control over Cyberspace and the limitation thereto. Secondly, I will deal with differences of between real world objects and cyber-objects and different categories of the cyber-objects as well as definition of the cyber-objects. Then, I will address definition and types of cyber property. Furthermore, I review requirements and effects of cyber property.

목차

Ⅰ. 서론
 Ⅱ. 사이버공간의 발전과 사이버법의 등장
  1. 웹2.0과 웹3.0시대의 도래
  2. 사이버공간에 대한 현실공간법 적용의 한계
 Ⅲ. 사이버물의 개념과 유형
  1. 사이버물의 정의
  2. 사이버물의 유형
  3. 배타적 지배의 형태에 따른 분류
  4. 사이버물과 현실 물건간의 차이점
 Ⅳ. 사이버물권의 개념과 종류
  1. 사이버물권의 개념
  2. 사이버물권의 종류와 관계
  3. 사이버물권과 현실물권간의 관계
 Ⅴ. 사이버물권의 요건
  1. 물권의 성립요건 일반
  2. 사이버물에 대한 사실적 지배
  3. 사이버물권의 공시방법
  4. 사이버물권의 존속기간
  5. 사이버공동체물권의 인정
 VI. 사이버물권의 효력
  1. 서
  2. 방해배제청구권
  3. 손해배상청구권
  4. 보상청구권
 VII. 결론
 참고문헌
 

키워드

저자

• 박진아 [ Park, Jin-A | 사)기술과 법 연구소 부소장, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340