지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Today, the intellectual property right is becoming as diverse and complicated as changes in the Internet environment, In addition, intellectual property technology is becoming advanced at a rapid rate through the influence of the sophisticated research system and high investment in it. But it is thought that it is necessary to maintain the current system for a short period in relation to the trend of application for utility models and the protection of and support for small-and medium-sized businesses.
The original purpose of the intellectual property right system is not only to encourage the desire to invent and create a new thing by heavily protecting inventors or creators through effortful contrivance but to reap the reward for efforts through the monopolistic right or the exclusive right. But if intellectual property is limited in its use and competition due to its excessive protection, it comes to run counter to the original intent and purpose of the intellectual property right system. The latter becomes one reason for shortening the period of protecting the program copyright, In addition, in case of the computer program the range of its right as the patent should be scaled down as much as possible and excluded in consideration of its characteristics and the existence of laws and regulations for its protection.
It is thought that it is the best policy to streamline the procedures and costs for translating it into a right, reap the effect of maximum economic profit and provide for the legal system that can thoroughly protect it from intrusion. Out reality is not so. In summary, the current situation is that the legal system for the intellectual property right does not catch up with the need for and importance of the intellectual property right as previously mentioned. Therefore, it is thought that in relation to it, it is urgent to reorganize and provide for the legal system for a new intellectual property right that has newly been formed or will be formed, including all the problems in the Copyright Law which has been raised as the pending problem and become debated.
On the one hand, people have a poor knowledge of the concept of intellectual property right, or its protection and its intrusion. Therefore, whenever the dispute over the intellectual property right occurs, it depends on litigation rather than settlement through mutual agreement, In some respect, it can be said that it is extremely normal. The patent court on litigation for intellectual property right must be the special court, In such a sense, it is thought that the concentration of jurisdiction should be achieved. Recently, it has recently been publicly argued that ADR should be applied to the settlement of the dispute over the intellectual property right. So it is thought that an examination over it should actively be made in the future.
In conclusion, the protection of the intellectual property right is not unconditional protection of developers or inventors but should be premised on the given degree of contribution to national industry and cultural development in the intellectual property right, Its excessive protection of intellectual property may limit its use and dwindle free competition because of it. On the other hand, it should not be overlooked that another development or creation may be made through its application. Therefore, it is necessary to improve the system related to intellectual property, taking into consideration both the private interest of the intellectual property holder and the public interest of national development.
The original purpose of the intellectual property right system is not only to encourage the desire to invent and create a new thing by heavily protecting inventors or creators through effortful contrivance but to reap the reward for efforts through the monopolistic right or the exclusive right. But if intellectual property is limited in its use and competition due to its excessive protection, it comes to run counter to the original intent and purpose of the intellectual property right system. The latter becomes one reason for shortening the period of protecting the program copyright, In addition, in case of the computer program the range of its right as the patent should be scaled down as much as possible and excluded in consideration of its characteristics and the existence of laws and regulations for its protection.
It is thought that it is the best policy to streamline the procedures and costs for translating it into a right, reap the effect of maximum economic profit and provide for the legal system that can thoroughly protect it from intrusion. Out reality is not so. In summary, the current situation is that the legal system for the intellectual property right does not catch up with the need for and importance of the intellectual property right as previously mentioned. Therefore, it is thought that in relation to it, it is urgent to reorganize and provide for the legal system for a new intellectual property right that has newly been formed or will be formed, including all the problems in the Copyright Law which has been raised as the pending problem and become debated.
On the one hand, people have a poor knowledge of the concept of intellectual property right, or its protection and its intrusion. Therefore, whenever the dispute over the intellectual property right occurs, it depends on litigation rather than settlement through mutual agreement, In some respect, it can be said that it is extremely normal. The patent court on litigation for intellectual property right must be the special court, In such a sense, it is thought that the concentration of jurisdiction should be achieved. Recently, it has recently been publicly argued that ADR should be applied to the settlement of the dispute over the intellectual property right. So it is thought that an examination over it should actively be made in the future.
In conclusion, the protection of the intellectual property right is not unconditional protection of developers or inventors but should be premised on the given degree of contribution to national industry and cultural development in the intellectual property right, Its excessive protection of intellectual property may limit its use and dwindle free competition because of it. On the other hand, it should not be overlooked that another development or creation may be made through its application. Therefore, it is necessary to improve the system related to intellectual property, taking into consideration both the private interest of the intellectual property holder and the public interest of national development.
목차
Ⅰ. 연구의 목적 및 범위
Ⅱ. 지적재산권 보호의 필요성
Ⅲ. 현행 지적재산권제도상의 주요개선과제
Ⅳ. 위 개선과제에 대한 법 개정방향
Ⅴ. 맺음말
參考文獻
ABSTRACT
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UCI(KEPA) : I410-ECN-0101-2009-360-017568052