지적재산권 분야에서 FTA 규정의 충돌에 관한 연구 - 샴페인은 국내 지리적표시로 인정될 수 있나? -

Because Korea’s economic growth depended upon the international grade, the Korean Government has put a great effort to expand the international free trade by negotiation of FTA. However, this effort has been regarded as the government is interested only in the number of FTAs to advertising its political achievement. This is the time to review the FTAs that the government have achieved until this time, and shall learn lessons from the review for introducing to new FTAs in the future. There are conflicts between FTAs and domestic laws or other international treaties of which Korea is a party. For an example, by analysing “Champagne” regarded as a common word or a customary common word as well as a Geographical Indication of EU, I review the conflict of FTA and domestic law in the field of the intellectual property law. In an area of international laws, the doctrines of the Most Favored Nations and National Treatment govern over the conflict and is an resolution principle of the conflict. However the principle cannot provide any solution to solve the conflict between the international law and the domestic law. As a conclusion, the recognition of the Geographical Indication of EU without a review process in Korea vice versa would be allowed. However, beyond reasonableness it will be conflict with the fundamental rights such as the liberty right of the national and the right to judgement by the courts and the principle of the division of powers of the Congress, Executive and the Court.