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This article is devoted to review and clarify some legal sentences and terms in Korean Intellectual Property Acts including Copyright, Trademark and Patent. It is possible to understand what his or her rights and duties are clearly, when he or she reads Korean Acts by recognizing that the legal expressions are in keeping with the Korean Grammar and correct. And it is reasonable and rightful that the Koreans could understand the same legal object in the same meaning by the reading the Korean legal sentences or words. Some legal expressions in the field of Intellectual Property Acts are grammatically incorrect and do not match to other legal terms of property law, in my opinion, and that reason has been caused by the indirect influences of Japanese Grammar. The phrase ‘general succession’ in Korean Intellectual Property Acts is a typical example. I believe that the one of the academic duties left to the Korean Intellectual Scholars and Practitioners is to fully consider the unnatural legal expressions and make Koreans understand the meaning of legal sentences and their rights easily.

목차

I. 서언
 II. 법률의 기능
 III. 지식재산권법 내에서의 몇몇 용어에 관한 소견
  1. 지식재산권, 지적소유권, 산업재산권, 공업소유권, 무체재산권
  2. 다른 법령과의 표현이 상이하다고 판단되는 용어
 IV. 조문의 표제와 내용이 일치하지 않는 경우
 V. 문장표현이 어색하거나 비문법적이라고 판단되는 부분
 VI. 비판적 제언
 참고문헌
 

키워드

일반승계 포괄승계 일사부재리 손실보상청구권 권리소진 지적재산권 지식재산권 other general succession blanket rights and duties pertaining to the property of the inheritee title of enforcement on trial costs right to demand compensation for loss exhaustion theory right of intellectual property.

저자

• 계승균 [ Kye, Seung-Kyoon | 부산대학교 법학전문대학원 교수. ]

참고문헌

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