소비자 보호 관점에서의 부정경쟁방지법- 제2조 제1호 (라)목, (마)목 및 (바)목 후단과 관련 제도의 개선 방향 -

The acts of unfair competition stipulated in the latter part of Article 2, Paragraph 1 (d), (e), and (f) of the Unfair Competition Prevention Act are the type that do not specify the third party who is the subject of the product or performance, etc.. However, under the Unfair Competition Prevention Act, lawsuits regarding injunctions(Article 4) and damages(Article 5) can only be filed by those who are related to infringement on operating profits. Therefore, from the perspective of general consumers, these systems need to be reorganized to reflect the perspective of general consumer protection. First, ① the latter half of Article 2, Paragraph 1 (d), (e), and (f) of the Unfair Competition Prevention Act should be integrated into a single provision, and it should be clearly stated that the scope of application extends not only to goods but also to intangible ‘services’. Next, ② the authority to issue corrective orders under the Unfair Competition Prevention Act should be expanded to include heads of local governments in addition to the Director of the Intellectual Property Office. Lastly, ③ in order to prepare for cases where the consumer collective dispute resolution system cannot be utilized due to non-compliance with the requirements of the Framework Act on Consumers, the relevant provisions of the Invention Promotion Act should be revised and actively interpreted, taking into account the possibility of collective dispute resolution of industrial property rights.