정보통신법제 상 지식재산권에 관한 특별규정 및 지식재산법제와 정보통신법제의 바람직한 관계에 대한 시론적 검토

The 4th Industrial Revolution which leads to the intelligence information society which improves the problem-solving ability by improving the thinking ability of human and things on the basis of the hyper-connection base and the accumulated data that all objects and humans are connected is accompanied by breakthrough technology innovation. The breakthrough technology innovation that can completely change the life of mankind is a great challenge for intellectual property issues such as patents. In other words, it is necessary to have a flexible approach to expanding the sharing of intellectual property beyond the emphasis on basic rights of intellectual property right in the convergence age as well as understanding and accepting new types of new property such as Big Data and AI. On the other hand, information and communication supports the creation and utilization of knowledge and information, as well as networks that transmit knowledge and information. In addition, it carries out the role of information security and personal information protection for knowledge and information protection In the end, not only does it aim directly at the creation, utilization and protection of intellectual property, but also as a basis for this, the information and communication legislation contributes to the formation and development of the intellectual property legislation. However, the recent trend of information communication, which is leading data-driven innovation created by the combination of data and artificial intelligence in the era of the 4th industrial revolution, focuses on the sharing, opening and utilization of data. There is also the possibility of having a tense relationship with the inherent character of intellectual property rights that seek to exclusively protect intellectual property as a right. As an example of the tension caused by this, the information and communication legislation has a special regulation of the intellectual property legislation by directly stipulating the creation, protection and utilization of intellectual property in several laws such as National Informatization Basic Law, Public Data Provision and Use Law, and Broadcasting Law. It is important to promote continuous creative desire through the flood of knowledge and information brought about by the development of the Internet and information and communication technology. It is also important to spread the fruits of innovation to the all society and induce new innovation through the sharing and utilization of intellectual property. In this regard, the information and communications legislation has already started megatrend of openness, sharing and utilization, but it seems that the intellectual property legislation is still trying to find more concrete rights even in the complicated aspects of technology and services rather than these attempts. In the future, the information communication legislation should play a role as the cornerstone of the intellectual property law system, and the development of the intellectual property legislation should promote the development of information society, information communication industry and information security in our society and ultimately enrich the information communication legislation. This virtuous cycle will be the future direction of the intellectual property legislation and information and communications legislation in the era of th fourth industrial revolution.