Earticle

초록

영어

There is no need to limit the scope of the intellectual property by its meaning of the word, as the concept of the intellectual property is continually expanding. At first, we can find common features of the intellectual property. It might be one method to define intellectual property by above-mentioned features. The concept of the information can be utilized by this method. On the other hand, the subject matter to be protected by intellectual property right is increasingly expanded to the output resulted from the investment. However, the rationale of public domain would be jeopardized when the non-creative works are protected by intellectual property right only because of the investment. To solve the problem, it is required new concepts for the output incurred by investment separated from the subject matter of the Copyright. In this study, the concept of "platform", which is distinguished with contents as the new area of subject matter for the intellectual property is employed for providing the new concepts. I suggest that the output resulted from the investment should be taken into consideration as the Platform, and then platform should be protected by the neighboring right system. In conclusion, it is not justified to grant the intellectual property right unless the public interests are created. The legal protection system of intellectual property should be designed in the view of maximizing the public interest, not considering the natural right of the creator or inventor of intellectual property.

목차

I. 序
 II. 知的財産의 意義
  1. 序說
  2. 知的財産의 定義
 III. 知的財産의 特性
  1. 동시 이용 가능성
  2. 복제 · 모방의 용이성
  3. 가치의 상대성
  4. 발생과정상의 특성
 IV. 知的財産의 隣接漸念
  1. 정보(Information)
  2. 콘텐츠(Contents)
 V. 결
 참고문헌
 Abstract

키워드

저자

• 신재호 [ Sin, Jaeho | 한국싸이버대학교 겸임교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  산업재산권 [Journal of Industrial Property]

• 간기

  계간

• pISSN

  1598-6055

• eISSN

  2733-9483

• 수록기간

  1995~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 367 DDC 346