상표권침해로 인한 손해배상청구권에 관한 연구 － 당사자가 수인인 경우를 중심으로 －
The Study on Monetary Remedies against Trademark Infringement
강헌(아주대학교)
19권 3호, 437~460쪽
초록
A trademark owner may claim damages against the trademark right Infringer in accordance with civil law §750. His monetary award requires evidence of intent, negiligence, and damage. But It is very difficult that he proves the damage on trademark infringement. So Trademark Law §67 is prvided in order to make it easy. It is one of the most complicated problems that how Trademark Law §67 is applied when there are several plantiffs and defendants. There is lack of study on this problem in Korea. This article proposes its solution, especially based on the arguments in Japan.
Abstract
A trademark owner may claim damages against the trademark right Infringer in accordance with civil law §750. His monetary award requires evidence of intent, negiligence, and damage. But It is very difficult that he proves the damage on trademark infringement. So Trademark Law §67 is prvided in order to make it easy. It is one of the most complicated problems that how Trademark Law §67 is applied when there are several plantiffs and defendants. There is lack of study on this problem in Korea. This article proposes its solution, especially based on the arguments in Japan.
- 발행기관:
- 한국경영법률학회
- 분류:
- 법학