상표법상 권리불요구제도 재도입의 필요성

Our Trademark Act initially included a “disclaimer of rights” system. However, for reasons that remain unclear, this system was abolished when the entire Trademark Act was revised under Law No. 2506 on February 8, 1973, and implemented on January 1, 1974. Approximately 40 years after the removal of the disclaimer of rights system, there is a discussion about reintroducing it. The necessity for this discussion arises from the significant increase in trademark applications at the Korean Intellectual Property Officee (KIPO) and the corresponding rise in the number of registered trademarks. This increase is likely due to the greater complexity of trademarks today, with many having more diverse compositions compared to the past. Additionally, our Trademark Act has recently introduced a partial rejection system, indicating that the reasons for rejection will be examined separately for each designated product during the examination process. This change addresses past concerns about the consistency of examinations and potential delays, which were issues when the disclaimer of rights system was previously considered. Given that the current process requires determining the registration or rejection of each designated product, the reintroduction of the disclaimer of rights system could further clarify the extent of rights granted for registered trademarks. Presently, the disclaimer of rights system is adopted in countries such as the United States and the United Kingdom, with the U.S. being the most active in its implementation. Conversely, the European Union has abolished this system. By examining the practices of these countries, we aim to establish a suitable disclaimer of rights system for our context.