Earticle

초록

영어

Unfair Competition Prevention Law Articles 2, (1), (ⅰ) and (ⅱ) provide the basic context for this subject. According to Unfair Competition Prevention Law Articles 2, (1), (ⅰ) and (ⅱ), “Acts of unfair competition” mean acts causing confusion with other well-known indication of goods or commerce in Korea. This means that other well-known indication of goods or commerce, not in a foreign country, but among Korean consumers. Thus, the Regional Scope of Well-Knownness under Unfair Competition Prevention Law requires that the indication of goods or commerce are well-known in Korea. If the goods or commerce are only well-known indication in a foreign country, they can’t be a object of protection under Unfair Competition Prevention Law. Regional scope of the well-knownness in Korea does not necessarily mean that it should be well-known to every person throughout the country. Judicial precedents consistently show that if a trademark is well- known to merchandisers or consumers in a certain area, that sufficient to establish the well-knownness. Regional scope of the well-knownness in Unfair Competition Law does have its own importance and concrete standards of judgement are required. In Japan, there are various cases related to the regional scope of the well-knownness. Specifically, there are many cases related to the conflict of well-knownness to each other in another area caused by business expansion. In order to solve the conflict of well-known indications to each other, Unfair Competition Prevention Law also should accept the same provision as Right to Continued Use of a indication by Virtue of Prior Use in Korean Trademark Law or Japan Unfair Competition Prevention Law.

목차

Ⅰ. 序
 Ⅱ. 상표법상의 주지성의 지역적 범위와의 비교
 Ⅲ. 부정경쟁방지법상의 지역적 범위의해석에 관한 문제 검토
  1. “수출”행위와 관련된 주지성의 지역적 범위
  2. 국내지역에 있어서 지역적 범위의 한계
  3. 주지성이 인정되는 지역적 범위의 확대 문제
  4. 주지성의 지역적 범위를 한정한 사용금지의 문제
  5. 주지성의 지역적 범위 판단시 구체적인 고려사항의 문제
 Ⅳ. 주지성의 경합문제
  1. 주지성의 경합의 의미와 법적문제의 제기
  2. ‘주지표지의 경합’ 관련 판례의 검토
  3. 주지표지의 경합에 관한 해결
 Ⅴ. 결론
 참고문헌
 ABSTRACT

키워드

부정경쟁방지법 주지성 주지표지 지역적 범위 지역적 범위의 확대 주지성의 경합 부정경쟁의 목적 상표법 선사용권 Unfair Competition Prevention Law Well-Knownness well-known indication regional scope expansion of regional scope conflict of well-knownness purpose of unfair competition Trademark Law Right to Continued Use of a Trademark by Virtue of Prior Use

저자

• 정태호 [ Jung, Tae-Ho | 명신특허법률사무소 변리사 ]

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