저작권과 상표권의 상호저촉 및 중첩보호에 관한 연구

The protected objects of intellectual property rights differ by Act. “Work,” a protection object of the Copyright Act, protects the expression of human’s idea or emotion in a form of language, music, play, art, architecture, photography, video, figure, and computer programs, and “Mark,” a protection object of the Trademark Act, protects the indication of the source of the goods in any form. Nevertheless, a piece of work may have both copyright and trademark rights at the same time as it is registered as a trademark. In this regard, Korea’s Trademark Act prevent a dispute by stipulating that if work created is to be used before filing application for a trademark “the trademark shall not be used without the consent of the copyright holder,” though many issues arise. The best way to resolve many issues is to completely prevent the conflict and overlap between rights. For this, I would like to propose the following two measures. The first measure is to create a new provision that rejects, invalidates or revokes the application of a trademark using the work whose copyright already exists. The second measure is to reject the application of a trademark or design using the work whose copyright already exists by applying the Article stipulated in the Trademark Act “likely to harm public order and good morals.”