애스크로AIPublic Preview
← 학술논문 검색
학술논문비교사법2012.02 발행KCI 피인용 3

지리적 표시 제도를 통한 전통문화표현물의 법적 보호

Legal Protection of Traditional Cultural Expressions with Geographical indications system

양대승(특허청 상표디자인심사국)

19권 1호, 309~336쪽

초록

Since the end of the 1960's, the topic of Traditional Cultural Expressions has entered the ambit of intellectual property discussions. As has been examined in this report, Geographical indications can provide a legal protection for Traditional Cultural Expressions. Traditional Cultural Expressions holders stress the difficulties they encounter in preventing or controlling the commercial use of their Traditional Cultural Expressions by third parties and in benefiting from this commercialisation themselves. They also express concerns about the inappropriate and offensive use of their Traditional Cultural Expressions and wish to be have the possibility to object to any false attribution. In most cases, industries or third parties exploit Traditional Cultural Expressions without asking for consent and without sharing the benefits of such exploitation with the Traditional Cultural Expressions holders or relevant community. Once registered, Geographical indications can help satisfy many of the concerns and policy objectives of Traditional Cultural Expressions holders. The registration of Geographical indications may assist in preventing or controlling the unwanted commercial use of Traditional Cultural Expressions by third parties and increase their commercial benefits, as the addition of a Geographical indications on a good adds to its value and increases consumer recognition of authentic traditional and cultural goods. When combined with an appropriate marketing strategy, the Geographical indications system can assist in the promotion and dissemination of Traditional Cultural Expressions.

Abstract

Since the end of the 1960's, the topic of Traditional Cultural Expressions has entered the ambit of intellectual property discussions. As has been examined in this report, Geographical indications can provide a legal protection for Traditional Cultural Expressions. Traditional Cultural Expressions holders stress the difficulties they encounter in preventing or controlling the commercial use of their Traditional Cultural Expressions by third parties and in benefiting from this commercialisation themselves. They also express concerns about the inappropriate and offensive use of their Traditional Cultural Expressions and wish to be have the possibility to object to any false attribution. In most cases, industries or third parties exploit Traditional Cultural Expressions without asking for consent and without sharing the benefits of such exploitation with the Traditional Cultural Expressions holders or relevant community. Once registered, Geographical indications can help satisfy many of the concerns and policy objectives of Traditional Cultural Expressions holders. The registration of Geographical indications may assist in preventing or controlling the unwanted commercial use of Traditional Cultural Expressions by third parties and increase their commercial benefits, as the addition of a Geographical indications on a good adds to its value and increases consumer recognition of authentic traditional and cultural goods. When combined with an appropriate marketing strategy, the Geographical indications system can assist in the promotion and dissemination of Traditional Cultural Expressions.

발행기관:
한국사법학회
DOI:
http://dx.doi.org/10.22922/jcpl.19.1.201202.309
분류:
법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
지리적 표시 제도를 통한 전통문화표현물의 법적 보호 | 비교사법 2012 | AskLaw | 애스크로 AI