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학술논문IT와 법연구2011.02 발행KCI 피인용 1

독일상표법의 정보제공청구권 입법경위에 관한 소고

A brief study on the course of legislation of the claim to information under German Trademark Law

계승균(부산대학교)

5호, 33~55쪽

초록

Korean Trademark Statute provides a borad range of remedies to the plainfiff. According to the experience of remedies, all remedies are not available in every case. Especially, in misappropriation cases the victom is not remediable enough because of lack of information on suppliers, manufacturer etc. On the contrary to Korean Trademark Statute, German Trademark law provides claim to information which the holder of a trademark may assert claims against the infringing party for the immediate provision of information on the origin of and the channels used for distributing unlawfully marked products or services. I think that this claim to information in German has great implication for Korean Trademark Law system from the point of view of trademark infringement and remedies. This article is dedicated to reporting the course of legislation on the claim to information in German.

Abstract

Korean Trademark Statute provides a borad range of remedies to the plainfiff. According to the experience of remedies, all remedies are not available in every case. Especially, in misappropriation cases the victom is not remediable enough because of lack of information on suppliers, manufacturer etc. On the contrary to Korean Trademark Statute, German Trademark law provides claim to information which the holder of a trademark may assert claims against the infringing party for the immediate provision of information on the origin of and the channels used for distributing unlawfully marked products or services. I think that this claim to information in German has great implication for Korean Trademark Law system from the point of view of trademark infringement and remedies. This article is dedicated to reporting the course of legislation on the claim to information in German.

발행기관:
IT와 법연구소
분류:
기타법학

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독일상표법의 정보제공청구권 입법경위에 관한 소고 | IT와 법연구 2011 | AskLaw | 애스크로 AI