Earticle

초록

영어

The protection of intellectual property rights has become a major issue in international arenas, and is recently discussed much more than before. It is strongly requested by international society for Korea to raise the level of IP protection in order to match the global standard even after the conclusion of negotiation process of the KORUS FTA. The effective enforcement of IP rights is an indispensable element to achieve the obligations under KORUS FTA, which even demanded a concrete legislative and judicial reform of the current Korean legal system. Above all, civil and criminal sanctions play the most important role in enforcing IP rights. This paper examines on the IP enforcement issues discussed during the Korea and EU FTA negotiations. After looking at the current system of enforcing mechanism of the both parties, the main topics reported by the media has been discussed. To understand current enforcement systems of the EU, the EC Enforcement Directive was analyzed. The Directive is of importance not only for analyzing the current EU system, but also it could be a cornerstone to understand the proposals of the EU. Amongst many issues, this paper focused on collection of evidences, ex parte impoundment order, provisional measures, right to claim information, etc.

목차

Ⅰ. 서론
 Ⅱ. 우리나라와 EU의 지적재산권 집행제도
  1. 우리나라의 지적재산권 집행제도
  2. EU의 지적재산권 집행제도
 Ⅲ. 쟁점별 주요내용의 검토
  1. 증거수집
  2. 증거보전을 위한 잠정조치－일방적 압수명령제도
  3. 침해행위의 예방 및 금지를 위한 일방적 잠정조치
  4. 정보청구권
  5. 종국적 구제조치
 Ⅳ. 결론
 참고문헌
 ABSTRACT

키워드

한－EU FTA 지적재산권 집행 EU 지재권 집행지침 일방적 압수명령제도 잠정조치 정보청구권 Korea-EU FTA Enforcement of Intellectual Property Rights Enforcement Directive of the EC ex parte impoundment order provisional measure right to claim information

저자

• 박덕영 [ PARK, Deok-Young | 연세대학교 법과대학 조교수 ]

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