Earticle

초록

영어

Idea is regarded to be in public area in current intellectual property right system and is not target to be protected. However there has problems investing a lot of efforts to create idea and being unable to protect under intellectual property right law even in case where the idea can cause economic value. That is to say protection system have been required since third party can create economic value by using or imitating, free riding creative idea like this without notice. It is considered to be needed that so called, idea protection law in which creative idea being unable to protect under current intellectual property right law is regarded to one intellectual property right and is to be protected, would be established. Although idea may be added to target to be protected through revision such as Invention Promotion Act or Unfair Completion Prevention Act etc., Invention Promotion Act is not law is not the law aiming at protection of industrial property right but the law aiming to promote, and constitutions adding idea as target to be protected is difficult to set relation with existing business secret. Accordingly it is determined to build law system establishing idea protection law and protecting idea by this law.

목차

I. 서론
 II. 아이디어의 정의와 보호 필요성
  1. 아이디어의 정의
  2. 아이디어 보호의 필요성
 III. 현행법상 아이디어의 보호체계 검토
  1. 발명ㆍ고안과 아이디어의 보호 한계
  2. 저작물과 아이디어의 보호 한계
  3. 영업비밀과 아이디어의 보호 한계
  4. 디자인과 아이디어의 보호 한계
  5. 신품종과 아이디어의 보호 한계
  6. 반도체집접회로의 배치설계와 아이디어의 보호 한계
 Ⅳ. 아이디어의 보호체계 구축방안
  1. 현행 지재법에서의 보호방안
  2. 민법에 의한 보호방안
  3. 특별법 제정에 의한 보호방안
 Ⅴ. 결론
 참고문헌
 

키워드

아이디어 영업비밀 저작물 표현 신품종 배치설계 idea expression business secret Invention Promotion Act conflict problem protection object

저자

• 권태복 [ Kwon, Taebok | 광운대학교 법과대학 교수. ]

참고문헌

발행기관

간행물