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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
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The current legislative system designed to protect computer programs carries the following problems.
First, the judicial means related to the copyright protection are extremely insufficient to fulfill the claims of the copyright holders and control related piracy. Second, as the international laws related to copyright contain shortcomings in the detailed regulations or execution to protect the claims of the copyright holders, they lack effectiveness. Third, as the means of protecting copyright according to Criminal Code consists of a personal accusation system and features problems in recovering profits, they lack practical effects. Fourth, the means of protecting copyright according to administrative law lack effectiveness except the seizure of products by the Customs office, thus failing to adequately protect the copyright holders. Fifth, even though the laws require effective relief of rights, the legal reality is centered on the suppressive means. Hence, alienation exists between the legal requirements and the reality, which renders the copyright holders powerless.
In order to overcome such problems, we should seek the following two solutions. First, the infringement against copyright can be effectively prevented by adopting a variety of preventive means pursuant to administrative laws. Second, the only way to effectively prevent infringement upon copyright is to change policies and legislation in the viewpoint of strengthening cooperation within a country and between countries.
Based on this, we will examine the following items:
Ⅰ. Necessity for the legal protection of computer programs
1. Protection of computer programs as an intellectual property rights and legal obligations
2. Reality of software piracy
3. Binding effect of the information on computer program maker
Ⅱ. Basis and limitations of the responsibility of the software industry in regards to the protection of computer programs
1. Production of forgery-proof products and the obligation to use forgery-proof sales channels
2. Limitations on education and control
Ⅲ. Insufficient obligations of the nation and the national communities with respect to the protection of computer programs.
1. Insufficient protection of computer programs under international laws
2. Inadequate protection of computer programs under private laws
3. Supplementation of Criminal Code and the shortage of criminal law means aimed at protecting computer programs
Ⅳ. Roles of public laws in relation to the protection of computer programs
1. Constitutional guarantee of property rights as a foundation of protecting computer programs
2. Problems related to TRIPs agreement
3. Problems of protecting computer programs under the community laws
Ⅴ. Current German administrative law system designed to effectively protect computer programs
1. Seizure by the Customs Office pursuant to Item a of Article 111, Copyright Act.
2. Seizure by the Customs Office pursuant to paragraph 3295/94, EC Regulations
3. Legal control pursuant to Article 35, Business Act.
4. Legal control pursuant to Article 55 and below, Business Act.
5. Legal control pursuant to Article 64 and below, Business Act.
Ⅵ. Future preventive roles of the German administrative law aimed at effectively protecting computer programs.
1. Inappropriateness of the public charges on computer as compensation for the software users.
2. School education on the guarantee of property rights and on software piracy.
3. Education and guidance by the government.
4. Constitutional protection against software crimes committed by a crime organization.
5. Introduction of the copyright registration system and the expansion of the Industrial Property Office as the central government of good will protection.
6. Expansion of preventive means pursuant to Business Act.
7. Use of the authority of business organizations in the copyright protection territory.
8. Measures taken ex officio pursuant to custom duty act
9. Cooperation between administrative agencies other than the customs office.
Ⅶ. Future roles of national communities to effectively protect computer programs
1. Administrative cooperation and formation of administrative networks between the two parties or multiple parties in international communities.
2. Expansion of administrative cooperation within EC
First, the judicial means related to the copyright protection are extremely insufficient to fulfill the claims of the copyright holders and control related piracy. Second, as the international laws related to copyright contain shortcomings in the detailed regulations or execution to protect the claims of the copyright holders, they lack effectiveness. Third, as the means of protecting copyright according to Criminal Code consists of a personal accusation system and features problems in recovering profits, they lack practical effects. Fourth, the means of protecting copyright according to administrative law lack effectiveness except the seizure of products by the Customs office, thus failing to adequately protect the copyright holders. Fifth, even though the laws require effective relief of rights, the legal reality is centered on the suppressive means. Hence, alienation exists between the legal requirements and the reality, which renders the copyright holders powerless.
In order to overcome such problems, we should seek the following two solutions. First, the infringement against copyright can be effectively prevented by adopting a variety of preventive means pursuant to administrative laws. Second, the only way to effectively prevent infringement upon copyright is to change policies and legislation in the viewpoint of strengthening cooperation within a country and between countries.
Based on this, we will examine the following items:
Ⅰ. Necessity for the legal protection of computer programs
1. Protection of computer programs as an intellectual property rights and legal obligations
2. Reality of software piracy
3. Binding effect of the information on computer program maker
Ⅱ. Basis and limitations of the responsibility of the software industry in regards to the protection of computer programs
1. Production of forgery-proof products and the obligation to use forgery-proof sales channels
2. Limitations on education and control
Ⅲ. Insufficient obligations of the nation and the national communities with respect to the protection of computer programs.
1. Insufficient protection of computer programs under international laws
2. Inadequate protection of computer programs under private laws
3. Supplementation of Criminal Code and the shortage of criminal law means aimed at protecting computer programs
Ⅳ. Roles of public laws in relation to the protection of computer programs
1. Constitutional guarantee of property rights as a foundation of protecting computer programs
2. Problems related to TRIPs agreement
3. Problems of protecting computer programs under the community laws
Ⅴ. Current German administrative law system designed to effectively protect computer programs
1. Seizure by the Customs Office pursuant to Item a of Article 111, Copyright Act.
2. Seizure by the Customs Office pursuant to paragraph 3295/94, EC Regulations
3. Legal control pursuant to Article 35, Business Act.
4. Legal control pursuant to Article 55 and below, Business Act.
5. Legal control pursuant to Article 64 and below, Business Act.
Ⅵ. Future preventive roles of the German administrative law aimed at effectively protecting computer programs.
1. Inappropriateness of the public charges on computer as compensation for the software users.
2. School education on the guarantee of property rights and on software piracy.
3. Education and guidance by the government.
4. Constitutional protection against software crimes committed by a crime organization.
5. Introduction of the copyright registration system and the expansion of the Industrial Property Office as the central government of good will protection.
6. Expansion of preventive means pursuant to Business Act.
7. Use of the authority of business organizations in the copyright protection territory.
8. Measures taken ex officio pursuant to custom duty act
9. Cooperation between administrative agencies other than the customs office.
Ⅶ. Future roles of national communities to effectively protect computer programs
1. Administrative cooperation and formation of administrative networks between the two parties or multiple parties in international communities.
2. Expansion of administrative cooperation within EC
목차
Ⅰ. Zur Notwendigkeit des juristischen Schutzes von Computerprogrammen
Ⅱ. Grundlagen und Grenzen der Eigenverantwortung der Softwarebranche fur den Computerprogrammschutz
Ⅲ. Zur reduzierten gegenwartigen Staats- und Staatenverantwortung fur die Querschnittsmaterie Computerprogrammschutz
Ⅳ. Zum Beitrag des offentlichen Rechts fur einen wirksamen Schutz von Computerprogrammen
Ⅴ. Zum gegenwartigen Beitrag des deutschen Verwaltungsrechts fur einen wirksamen Schutz von Computerprogrammen
Ⅵ. Der kunftige praventive Beitrag des deutschen Verwaltungsrechts fur einen wirksamen Schutz von Computerprogrammen
Ⅶ. Der kunftige Beitrag der Staatengemeinschft fur einen wirksamen Schutz von Computerprogrammen
Ⅷ. Fazit
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