상표권 침해에 관한 온라인서비스 제공자(OSP)의 이차적 책임에 관한 논의

Owing to the growth of internet business, keyword search and advertisement-sales are activating through shopping-mall, auction, search-engines and so the economic meanings of online market are greatly growing in modern society. Secondary liability for trademark infringement, as a umbrella term embracing a variety of trademark infringement actions except direct infringement by use of trademark, has characteristic of the participantbased or the relationship-based liability. The domestic supreme court hold that open market operator takes joint tort liability through the theory of accessory. It is required to discuss on the legislative improvement, in that the liability of the open market operator caused by trade of imitation product is equal to that of users(seller and buyer) as a direct liability caused by illegal act. It is required to discuss on the legislative improvement, as it is improper to apply the same theories or doctrine of copyright law in light of the seriousness of result. As far as in secondary liability for online trademark infringement, international agreements such as WIPO treaty and FTA agreement as well as the establishment of criteria of domestic court may influence on the resolution of the related issues of online service provider, in that online service providers are mostly global enterprise.