지적재산권 관련 국경조치에 관한 연구

Considering the recent global trend to protect IPR(intellectual property rights) and related issues, there have been intense efforts to ensure enforcement of the IPR law. As a provisional measure in the customs procedure, the border measure occupies a important part of these efforts. The border measure based on TRIPs and related treaties enables to take more efficient and prompt action against the IPR-infringing goods. However, each country is reacting harshly to the content and operation in other countries’ legislation of the border measure, because it can be abused as a hidden tool in a trade war. Especially because TRIPs, a basis of the border measure, has a somewhat uncertain attitude in the competent authorities and leaves many parts to each member's discretion, the legislation regarding the border measure differs from country to country and causes uncertainty about whether each country's legislation comes up to the standard of TRIPs. In Korea, the border control system for protection of IPR is divided into two schemes, the suspension of release by the custom office and the judgment on the unfair trade action by the International Trade Commission. Even though this dual system covers most IPR obligated by TRIPs, it has difficulties in keeping consistency and coping efficiently with IPR-infringement. Also, Korea-EU FTA will require amendment of some parts of the provisions regarding the border measure. Therefore, it is time to have an in-depth discussion to improve related legal regulations on the border measure. In this aspect, unified procedures need to be applied to all the border controls, while the scope of IPR covered by the border measure and the dual system regarding the competent authorities is maintained as they are now. The most important thing is that all of the strategical and legislative policy change is based on setting a prompt and effective method and balanced regulations without arguments on fairness and reliability.