저작권 침해판단을 위한 제도적 방안 연구
Study on Systematic Method for Deciding Copyright Infringement
전정화(광운대학교); 권태복(광운대학교)
38호, 261~300쪽
초록
It is not too much to say that most of problems generating under copyright law relates to copyright infringement. Although copyright infringement problem is most substantial and fundamental part of copyright law, relief way through remedy other than suit is obscure state if copyright infringement problem would be generated, it is not easy to decide on copyright infringement before suit, and it is difficult to decide or estimate infringement in aspect of general person. It is determined to be the earnest time thoroughly facing limit and problem like this and systemizing legal mechanism for improving them. Accordingly necessity of copyright infringement decision specialized agency being able to give reliability being similar to judgement of Court or of similar level thereof will be strongly raised. The copyright decision specialized agency shares copyright infringement decision exclusively charging in suit with specialized agency and can do educational effect and active action on general person by preparing estimation ability to action making copyright infringement, and reliabillty and creditability of decision agency can be strengthen as inducing consistent judgement through accumulation of long-period decision standard.
Abstract
It is not too much to say that most of problems generating under copyright law relates to copyright infringement. Although copyright infringement problem is most substantial and fundamental part of copyright law, relief way through remedy other than suit is obscure state if copyright infringement problem would be generated, it is not easy to decide on copyright infringement before suit, and it is difficult to decide or estimate infringement in aspect of general person. It is determined to be the earnest time thoroughly facing limit and problem like this and systemizing legal mechanism for improving them. Accordingly necessity of copyright infringement decision specialized agency being able to give reliability being similar to judgement of Court or of similar level thereof will be strongly raised. The copyright decision specialized agency shares copyright infringement decision exclusively charging in suit with specialized agency and can do educational effect and active action on general person by preparing estimation ability to action making copyright infringement, and reliabillty and creditability of decision agency can be strengthen as inducing consistent judgement through accumulation of long-period decision standard.
- 발행기관:
- 한국지식재산학회
- 분류:
- 법학