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초록

영어

This is the paper on East Asia Economic Cooperation and Intellectual Property Law Harmonization. The close cooperation among Korea, China and Japan is being made steady progress. In near future east asia will be closer than now. At that time the different Intellectual Property system will hinder the economic relation and cooperation. So the harmonization of IP system is necessary. This is how to achieve that goal. They say that there are four forms of harmonization: EU, NAFTA, TRIPs-plus, Mutual exhortation. (1) EU type: The most extreme form is full policy harmonization, in which all members adopt the same standards. This is the stated goal of European Union in IPRs, toward which considerable progress has been made. (2) NAFTA type: Second is to commit to high minimum standards, which may exceed the standards set out in TRIPs, but not to achieve harmonization. (3) TRIPs-plus type: Third is to adopt somewhat lower standards that are consistent with TRIPs but again allow policy divergence. (4) Mutual exhortation type: Finally, there is the approach based on mutual exhortation to proceed as is appropriate to each nation, without formal negotiations on IPRs. When closer than now, EU system will be the ideal form in East Asia. So this paper study EU system. But even though we want the EU type, the time and adequate step is needed. This paper propose the three step. First is the substantive law harmonization, second the adjective law harmonization, third the structural law harmonization.

목차

Ⅰ. 서설
 Ⅱ. 유럽聯合(The European Union, EU)
  1. 유럽연합으로의 발전 과정
  2. EU의 기구들
  3. 지적재산권
 Ⅲ. 韓中日 관계 및 지재권의 현황
  1. 지역통합과 지적재산권의 조화
  2. 지적재산권 현황
 Ⅳ. 동아시아에서 지적재산권제도의 발전방향
  1. 기본방향
  2. 보호대상 및 방법의 통일
  3. 1지적재산 1지적재산권의 원칙
  4. 존속기간의 통일
  5. 권리소진규정
  6. 집행절차 : 권리의 실현의 상호 협력
 Ⅴ. 맺음말 : 지적재산권제도 구축절차(시안)
 참고문헌
 ABSTRACT

키워드

경제협력 지적재산권의 조화 EU 지적재산권 자유무역협정 지적재산권 지침 동아시아 특허심사하이웨이 Economic Cooperation Intellectual Property Law Harmonization EU Intellectual Property FTA Directive on IP East Asia Patent Prosecution Highway

저자

• 이상정 [ Lee, Sang-Jeong | 경희대학교 법학전문대학원 교수, 국제법무대학원 원장. ]

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