기술융합시대에 따른 지식재산 관련 법률들의 저촉 문제 해결에 관한 고찰

In the era of technology convergence, the problems of conflict of laws related to intellectual property appear in several aspects. However, with respect to laws related to intellectual property, problems related to conflict such as overlapping legislation and overlapping application continue to arise. This can be seen as a result of the disharmony of the application of laws related to intellectual property to the same kind of overlapping issues and the problem of overlapping protected objects for intellectual property in the era of technological convergence. In particular, there have been problems related to conflict and non-convergence application in the legislative process between related ministries. Namely, there have been problems on overlapping legislation and conflict between the Korean Intellectual Property Office and the Ministry of Culture, Sports and Tourism(conflict of the Copyright Act on the amendment of the Patent Act, conflict of the Copyright Act on the amendment of the Design Protection Act, etc.), overlapping legislation and conflict between the Korean Intellectual Property Office and the Ministry of Agriculture, Food and Rural Affairs(conflict of the Patent Act and the Plant New Variety Protection Act, conflict of the Trademark Act and the Agricultural and Marine Products Quality Control Act), overlapping legislation and conflict between the Korean Intellectual Property Office and the Ministry of Science and ICT(the possibility of overlapping application and conflict of the Trademark Act and the Internet Address Resource Act, the possibility of overlapping application and conflict of the Unfair Competition Prevention Act and the Internet Address Resources Act, etc.) and other issues of conflict of qualifications for performing duties related to intellectual property, etc. After reviewing this problems, this paper proposes reorganization of mediation regulations between relevant laws and the establishment of an control tower that can play a role in coordinating intellectual property-related laws of government-level in the legislative process as solutions.