산업재산권 [Journal of Industrial Property]

간행물 정보
  • 자료유형
  • 발행기관
    한국지식재산학회 [Korea Intellectual Property Society]
  • ISSN
  • 간기
  • 수록기간
  • 등재여부
    KCI 등재
  • 주제분류
    사회과학 > 법학
  • 십진분류
    KDC 360 DDC 340
제14호 (8건)

인터넷과 소프트웨어 특허의 법적 보호


한국지식재산학회 산업재산권 제14호 2003.11 pp.1-29

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The recent rapid development of information technology (IT) are dramatically changing not only the methods to process enterprises' internal tasks, but also modes of trading and even the businesses themselves. Recently, accompanying the spread of personal computers and the upgrading of social infrastructures, such as the Internet, inventions related to new methods of business using general-purpose computers or existing networks, etc. have rapidly increased. Because of this, the number of patent applications for internet-applied inventions has been increasing. However, under the current Korean legal system there are no proper remedies that are able to protect the internet or software related invention. therefore, the purpose of this study is to provide information on a number of key elements to give effective patent protection for software-related invention.



傳統知識의 槪念과 그 保護方案의 檢討


한국지식재산학회 산업재산권 제14호 2003.11 pp.31-54

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Traditional knowledge is defined as the knowledge which has been held by indigenous peoples and communities. The features of the traditional knowledge are different from Western science. For example, traditional knowledge exists in public domain and is less systematic than Western science, being handed down without written texts. Therefore, traditional knowledge cannot satisfy requirements for being granted patent. Some methods are suggested to protect traditional knowledge. Developing countries advance their opinion that a sui generis system is necessary for its protection, while developed countries such as U.S., E.U., and Switzerland try to develop its databases to document it as prior art. This study recommends that Korea choose not only to formulate a sui generis system but also to create online traditional knowledge database on model of India.



지방대학의 특허기술이전에 관한 연구 : 대구ㆍ경북지역단위 기술이전기구의 가능성을 중심으로


한국지식재산학회 산업재산권 제14호 2003.11 pp.55-93

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Universities contribute in many ways to the growing technology and knowledge based economy. Technology transfer activities from Ivory Tower to industry is one of those contribution. Despite of "Technology Transfer" is a new phenomenon in many Korean universities, they recognize that the necessary of technology transfer activities as a mission of universities. The Technology Transfer Promotion Act and amended Patent Law providing the platform of technology transfer. The writer review the issue of university technology transfer and survey of the possibility of Technology License Organization of DaegueㆍGyeongbuk province unit. Almost of universities - exclude some exceptional research universities - in this province not retain sufficient technology to establish and operate their own TLO. To organize the province TLO is a lesson from Japan. The writer conclude that to participate of Yeungnam TLO Consortium is one of the way because the organization comply with the law.



도메인이름에 있는 하이픈(-)의 식별력


한국지식재산학회 산업재산권 제14호 2003.11 pp.95-120

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The use of a domain name might infringe others' rights on personal names, tradenames, or trademarks, which are used in the domain name. Likelihood of confusion is one of the determinative factors in deciding the infringement. Generally, the inclusion or omission of a hyphen from the plaintiff's mark or name will not give the domain name a distinctiveness enough to remove likelihood of confusion. However, in some cases, the use or omission of a hyphen might distinguish the domain name from the plaintiff's mark or name by creating a remarkable visual or phonetic differences. The domain name will become more distinctive if plaintiff and defendant are in different markets.



의장(디자인)무심사등록제도에 관한 소고


한국지식재산학회 산업재산권 제14호 2003.11 pp.121-150

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In most countries, an industrial design must be registered in order to be protected under industrial law. As a general rule, to be registrable, the design must be new or under some laws original. Different countries have varying definition of such terms. The same is true for the registration procedure itself, in particular, whether an examination as to form or also as to substance, especially to determine novelty or originality, is carried out. We have three ways of registration system. Non-examination registration system is the one that is carried out for some industrial designs which have strong variability and short life-cycle. This system has shorten the term for registration and lessened the burden of time and fees that the applicants have to pay. But also this is blamed for the conflicts arisen from the uneasy state of right caused. The reason for these problems is that it was introduced based on the Patent Approach System. Industrial design may be protected as a work of art under the copyright law. In some countries, industrial design and copyright protection can exist concurrently and, In other countries, they are mutually exclusive. While screening out the substantial requirements in Patent Approach System, Copyright Approach System doesn't need the screen for the substantial requirements. Therefore the Design Right which was registered without investigating about the substantial requirements in Patent Approach System, should be restricted in the blocking effect and the exclusive effect. In this paper, I've studied on the substitute for the problems by intensifying operation of the Objection System. In conclusion, design is supposed to be protected by the Design Approach System. The worldwide trend is also to adopt the Design Approach System which carry out not only the protection of the registered design right of the patent approach system but also the protection of the unregistered design right of the Copyright approach System. To do so, it is necessary to be adjusted between Copyright Act and Design Act.



미등록의장의 모방(dead copy) 방지제도에 관한 소고 : 일본 부정경쟁방지법상 상품형태모방금지조항을 중심으로


한국지식재산학회 산업재산권 제14호 2003.11 pp.151-192

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It is growing trend that there has been no adequate function against the counterfeiting of industrial designs with short life cycle, which results in the increase of the damages of dead copy. This trend is ascertained to the long pendency from application to registration of industrial designs under the current law system and to the characteristic of industrial designs being easily copied. The Korean Intellectual Property Office(KIPO) has recently put an notice for the revised bill which would newly regulate the sale of counterfeited goods of unregistered designs from others as an unfair competition act under the certain requirements. It is envisaged that this provision is basically modeled after the newly stipulated provision in Japan, namely the anti- counterfeiting provision of dead copy in the shape of goods (Article 2(1)(3)), under the Unfair Competition Provention Act revised in 1993. This anti-counterfeiting provision of dead copy in the shape of goods is proposed with an objective to be effectively used for the protection of short life-cycle designs against counterfeiting. The provision has two-tier protection system, one of which is the unregistered protection through the Unfair Competition Prevention Act, and the other is the registered protection with requirements under the Design Act. It is understood that the provision has the same legislative purpose as the EU Design Regulation or the Copyright, Design and Patent Act 1988(CDPA) of UK. Therefore, it is meaningful to review and analyze the anti-counterfeiting provision of dead copy in the shape of goods under the Unfair Competition Prevention Act in Japan. And this study focuses on the application requirements of this provision to the under the Unfair Competition Prevention Act in Japan.



著作權과 쉬링크랩 라이선스 상의 S/W Reverse Engineering의 法的 地位


한국지식재산학회 산업재산권 제14호 2003.11 pp.193-224

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A major fair-access issue has arisen regarding situations where a copyright holder attempts to restrict a reverse engineering right by copyright infringement litigation, contractual shrink-wrap licenses or a protective system that defeats the reverse engineering permissible under the "fair-use" doctrine. Reverse engineering computer software is defined as the process of studying a computer program to obtain useful and detailed insight into the functional mechanisms of the work. Reverse engineering commonly involves copying an original program without the permission of a copyright owner. Indeed, the owners seek to prevent reverse engineering by bringing infringement suits, imposing contractual limitations or installing technological impediments. In the United States, the Digital Millennium Copyright Act ("DMCA") provides a software vendor with extra protection for its protective system, and allows reverse engineering only for the purpose of interoperability. The Uniform Computer Information Transactions Act ("UCITA") makes a shrink-wrap license enforceable even if it contains a term prohibiting reverse engineering. These protectionist measures ensure that a copyright holder can dominate the computer software industryby restricting reverse engineering. Although the Computer Program Protection Act in Korea allows a reverse engineering purporting to achieve interoperability as exception, this is still not enough to strike balance between a copyright owner' interest and public rights to access to a copyrighted work. The current trend toward copyright protectionism undermines the copyright balance thus/ the critical question regarding clarification of the reverse engineering right should be answered by policymakers in terms of reconciliation between copyright, contract and competition policy.



WIPO 저작권조약(WCT)의 국내이행과 향후 과제


한국지식재산학회 산업재산권 제14호 2003.11 pp.225-251

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For the protection of copyrights in the internet ages, the WIPO convened a diplomatic conference in Geneva and produced the WIPO Copyright Treaty(WCT) and the WIPO Performances and Phonograms Treaty(WPPT) in 1996. The new features of the WCT included, amongst others, Right of Communication to the Public, Obligations concerning Technological Measures and Obligations concerning Rights Management Information. Korea has been implementing main features of the WCT in its Copyright Act and Computer Program Protection Act, either voluntarily or by the pressure of the United States, even before the ratification of the treaty. Last September, Korean Government decided to ratify WCT in the near future. This paper examined main features of the WIPO Copyright Treaty, Korea's internal procedure for the ratification, and implication of ratifying the treaty on Korean copyright laws. Considering the current situation of US concerns over Korean protection of copyrights, enactment of temporary copies and access control in Copyright Act and Computer Program Protection Act might be crucial controversies between the two countries. After examining the notions of temporary copies and access control, this paper discusses the relevant provisions of the WCT, the implementation of those provisions in other countries and possibility of their enactment in Korean laws. Finally, in the long term view, the possible inclusion of the WCT into the WTO TRIPs Agreement is discussed.


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