한－EU FTA 지적재산권 집행 분야 주요 쟁점

The protection of intellectual property rights has become a major issue in international arenas, and is recently discussed much more than before. It is strongly requested by international society for Korea to raise the level of IP protection in order to match the global standard even after the conclusion of negotiation process of the KORUS FTA. The effective enforcement of IP rights is an indispensable element to achieve the obligations under KORUS FTA, which even demanded a concrete legislative and judicial reform of the current Korean legal system. Above all, civil and criminal sanctions play the most important role in enforcing IP rights. This paper examines on the IP enforcement issues discussed during the Korea and EU FTA negotiations. After looking at the current system of enforcing mechanism of the both parties, the main topics reported by the media has been discussed. To understand current enforcement systems of the EU, the EC Enforcement Directive was analyzed. The Directive is of importance not only for analyzing the current EU system, but also it could be a cornerstone to understand the proposals of the EU. Amongst many issues, this paper focused on collection of evidences, ex parte impoundment order, provisional measures, right to claim information, etc.