지리적 표시 보호를 위한 부정경쟁방지법 제3조의2에 관한 소고

Korea has signed a Korea·EU FTA that prohibits the use of geographic indications(GI) in translation or transcription, or accompanying expressions such as “kind” and “type”. In order domestically to implement KR·EU FTA, Article 34 of the Trademark Act and Article 3bis2 of Unfair Competition Prevention Act was provided, and Article 3bis2 specifies the translation, the transcription, and the date of application for protection as the criteria for the application or exception of the relevant article. However, the range of translation or transcription or the definition of application for protection has not been set in KR·EU FTA or TRIPs. KR·EU FTA which continuously adds a list after signing the agreement, also did not included the range of them or the definition. As a result of considering Article 3bis2, the translation and transcription are basically limited to Korean translation and Korean transcription according to the foreign language display Act. The date of application for protection is the day when domestic procedures for protection are completed. The date when Korea receives a request for additional GI from the EU should be interpreted as a date for prohibiting the registration of trademarks, not the application date for the protection.