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In recent years, the illegal Trademark Counterfeiting and counterfeit trademark goods have become a global issue. A so-called 'dead-copy goods',those are the infringements of the Trademark laws. In response, recently the major developed countries are pushing to 'Anti-Counterfeiting Trade Agreement (the following is a short designation, 'ACTA'). But now, we aren't prepare to conditions that demands from ACTA's standards, so our Trademark Law's criminal punishments and procedures have to change. At least in case of willful trademark counterfeiting on 'a commercial scale' should be applied to the criminal procedures and penalties. For the answer to that, first of all, we have to divide between 'the general Trademark' and 'the serious infringements'. The serious infringements means that intentional counterfeiting on a commercial scale. A commercial scale's meaning in public is that a for-profit or business act working systematic and on a large scale. Therefore, it is mainly required to define 'the serious trademark infringements' distinguishing from the general infringements including that 'a commercial scale', that is 'for-profit' and 'business of systematic and grand-scale'. Also to add to this, a matter of the distribution of counterfeit trademark goods might to be make a rule that include many type of after-attends acts to the trademark counterfeiting. Therefore, we have to make a regulation on the ground of the principle of "nulla poena, nullum crimen sine lege" for definiteness and propriety of legality.

목차

Ⅰ. 서론
  1. 상표위조행위(일명 ‘짝퉁’) 실태의 심각성
  2. 상표위조에 관한 국제적인 움직임에 따른 논의의 배경
 Ⅱ. 상표위조행위에 대한 형사처벌의 타당성과 가능성 고찰
  1. 현행 상표법상 상표위조행위 규정의 현실
  2. 예비행위인 상표위조행위 처벌의 타당성 문제
  3. 고도의 침해개연성이 인정되는 상표위조행위 처벌의 가능성 고려
 Ⅲ. 상표위조의 형사처벌 적용대상 분리에 관한 개선방안
  1. 행위의 태양(態樣)에 따른 차등을 반영한 예비행위의 개별규정화 방안
  2. 상표위조에 의한 침해의 사후행위 처벌공백 문제
 Ⅳ. 결론
 참고문헌
 

키워드

상표위조행위 형사처벌 죄형법정주의의 원칙 명확성원칙 적정성원칙 예비행위 위조상표 상업적 규모 trademark counterfeiting criminal procedure and punishment the principle of legality the preparation act a commercial scale counterfeit trademark goods

저자

• 홍민지 [ Hong, Min-Ji | 인하대학교 대학원 형법전공 박사수료, BK21인하지적재산연구ㆍ교육사 업팀 연구원. ]

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