Earticle

초록

영어

Trademark Law Treaty(TLT) which concluded in 1994 has sought the simplification of application and registration, and ensured better protection of trademark. The TLT has harmonized trademark laws which had varied in several national and regional jurisdictions. Even with harmonization efforts, there are some flaws in the TLT; formalities than substantive requirement, conventional methods in transmittal of communications, the lack of provision in case of failure to comply with time limit, and poor administrative provisions. For the concrete and practical harmonization, the work conducted by World Intellectual Property Organization (WIPO) presents in Draft Revised TLT(Draft Revised). This study focuses on two provisions; communications(Article 8) and measures relating to time limit(Article 14) among the revised Articles and Rules. The former is based on keeping pace with developments in telecommunications, the latter is on the better protection for the applicants and/ or the holders. These provisions aiming at the concrete harmonization and simplification of Draft Revised might be applied to existing Korean Trademark Act, if Draft Revised is concluded at WIPO Diplomatic Conference in 2006. The discussions to adoption of Draft Revised and its reception to Korean Trademark Act are key work for heading towards newly emerging framework of worldwide trademark protection. Consequently, the opinions and their debates in the view of further development along with this study would lead to adjust new measures of the trademark protection and the setting between national and international trademark law.

목차

I. 서언
 II. 개정(안) 주요내용과 상표법상 수용에 관한검토
  1. 개설
  2. 개정(안) 제8조의 검토
  3. 개정(안) 제 14조의 검토
 III. 개정 상표법조약의 현행법상 수용 방법론 검토
  1. 개설
  2. 상표법 체제의 재정립에 관한 검토
  3. 조약 개정에 따른 현행 상표법령의 개정 시기 검토
 IV. 결어
 참고문헌
 Abstract

키워드

상표 상표법 상표법조약 특허법조약 세계지적재산권기구 상표법통일화 trademark trademark law trademark law treaty patent law treaty WIPO trademark harmonization SCT

저자

• 배대헌 [ Bae, Daeheon | 계명대학교 법학부 교수 ]

참고문헌

발행기관

간행물