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학술논문산업재산권2008.08 발행KCI 피인용 8

한·EU FTA에서 상표 및 디자인 분야의 쟁점

Contending Issues of Korea-EU FTA in the field of Trademark and Design Protection

김원오(인하대학교)

26호, 31~76쪽

초록

FTA negotiations between Korea and EU including intellectual property matters are expected to be concluded within a few months. This article is to briefly review on the contending issues of Korea-EU FTA in the field of trademark and design protection. This article firstly studies issues regarding design protection having a legal controversy. For example, ⅰ) design protection requirements of individual character ⅱ) protection of the unregistered community design(UCD) ⅲ) whether including stocking for infringement ⅳ) How to reject or invalidate the design application conflicting with prior copyright ⅴ) a cumulative protection by the design right and the copyright ⅵ) adhere to standards of Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs Further, this article is to address issues concerning the trademark protection. Under the FTA negotiations between Korea and EU, each party is required to adhere to the standards of Singapore Treaty on the Law of Trademarks. In order to keep them by the Korean trademark law system properly, required issues are discussed for a desirable directions to the revision of the Korean trademark law.

Abstract

FTA negotiations between Korea and EU including intellectual property matters are expected to be concluded within a few months. This article is to briefly review on the contending issues of Korea-EU FTA in the field of trademark and design protection. This article firstly studies issues regarding design protection having a legal controversy. For example, ⅰ) design protection requirements of individual character ⅱ) protection of the unregistered community design(UCD) ⅲ) whether including stocking for infringement ⅳ) How to reject or invalidate the design application conflicting with prior copyright ⅴ) a cumulative protection by the design right and the copyright ⅵ) adhere to standards of Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs Further, this article is to address issues concerning the trademark protection. Under the FTA negotiations between Korea and EU, each party is required to adhere to the standards of Singapore Treaty on the Law of Trademarks. In order to keep them by the Korean trademark law system properly, required issues are discussed for a desirable directions to the revision of the Korean trademark law.

발행기관:
한국지식재산학회
분류:
법학

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한·EU FTA에서 상표 및 디자인 분야의 쟁점 | 산업재산권 2008 | AskLaw | 애스크로 AI