우리나라가 체결한 FTA 및 관련 조약에서의 지식재산권집행조항이 국내에 미친 영향에 관한 분석

This paper sheds light on an emerging phenomenon relevant to the IP enforcement provisions of Free Trade Agreement. It focuses on the enforcement topics, i.e. the remedies provisions including civil measures and provisional measures. Korea has concluded and brought into force KORUS FTA as of the begin of 2014 and EU･Korea FTA as of December 13, 2015. It is well known that FTAs negotiated by the U.S.A. have a number of “TRIPS-plus” provisions reflecting the interests of the U.S. They have been utilizing the IP chapter of FTAs as international rule-making efforts taking advantage of FTAs. On the other side some developing countries as well as the European Union adhere to the traditional international principles. In the FTAs is seen such a contention between the New World including the U. S. and the Old World, including the EU Member States. As not only the EU but also the U.S. has concluded FTAs with us, the FTA strategies of the two sides are intersected over one country, the Republic of Korea. This paper explores that Korea is exposed to high level of IP protection. As examples it demonstrates the provisions of the right of information and pre-established damages. With regard to the right of information the Korea-EU Trade Agreement goes beyond any other FTAs, as it requires the adoption of “third party information”. Moreover the FTAs of Korea-China and KORUS mandate adoption of pre-established damages, while the FTA between Korea and EU does not require the adoption of US-style statutory damages. In this respect, the Korea-US Trade Agreement goes beyond TRIPS and even the TPP, which offers the option between “pre-established damages” and “additional damages”. Although it is not desirable for us to introduce this US-style statutory damages in our judicial system. we have already implemented such a statutory damages framework. The paper concludes with great confidence in international cooperation.