한국이 체결한 FTA 지식재산권 협정의 형사절차와 구제의 시사점

Abstract

The purpose of this article is to examine the links between the Intellectual Property Crime and FTA’s Criminal procedures and remedies. Can FTA’s Criminal procedures and remedies prevent the Intellectual Property Crime? Regretfully, The answer is no. Some statistics are devoted to positive aspects of korea’s Intellectual Property. There can be little doubt that the high rank of creations of korea’s Intellectual Property. Ostensibly, Korea’s Intellectual Property is competitive in Global market. but Several Statistics are completely at variance with the underground economy of Intellectual Property crime. The protection of Intellectual Property in korea is not good. The aim of this study is to provide an overview of direction of FTA’s Criminal procedures and remedies to prevent the Intellectual Property Crime. To begin with, I would like to examine comparative study of FTA’s Criminal procedures and remedies in Korea. By comparison with FTA’s Criminal procedures and remedies in Korea, developing countries don’t prefer to tighten regulations of FTA’s Criminal procedures and remedies. Remarkably, Korea’s Intellectual Property has been suffering from Counterfeit Goods and Pirated Copyright Goods of developing countries like china or vietnam. It is much more significant that FTA’s Criminal procedures and remedies shoud focus on crime prevention than punishment. I would like to close by proposing that improvement plan of FTA’s Criminal procedures and remedies. It can be divided in four aspects. First, Trade Secrets should be contained to an object of crime in Criminal procedures and remedies. In these days, It is badly damaged to economic loss by Industrial Spy. Second, Criminal Mediation Program and Judicial Interpretation should be activated in law enforcement. Alternative dispute resolution is good enforcement system to prevent of Intellectual Property crime before happening Intellectual Property crime. Currently, Judicial Interpretation did not settle in korea. when negotiating FTA, If each contracting parties train Judicial Interpretation experts, Judicial Interpretation could support to Criminal Mediation Program. Third, It needs to the introduction of Private Investigator to keep watch of Counterfeit Goods and Pirated Copyright Goods between FTA contracting parties. It can be help to prevent underground economy of Intellectual Property crime. finally, I suggest the creative learning of philosophy of law procedures and remedies, legislative purpose based on philosophy of law can prevent crime more effective. It is to be hoped that this paper will prevent Intellectual Property crime through FTA’s Criminal procedures and remedies.