국제통상 분야에서의 상표 보호와 우리의 대응 방안

Abstract

One of the important rules governing the protection of intellectual property rights in international trade is the FTA. In the past, FTAs ​​were concluded centered on two or three countries, but in recent years, there is a tendency to conclude wide-ranging FTAs ​​involving multiple countries within a specific economic area. These mega FTAs ​​are characterized by having a far greater impact than FTAs ​​concluded between some countries in terms of their importance and influence. In particular, until recently, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP), the United States Mexico Canada Agreement (USMCA), and the Regional Comprehensive Economic Partnership (RCEP) have been concluded, so the outline of the mega FTA in the Asia-Pacific region was completed. In addition, the United States, China, and Japan have enacted and amended trademark laws. The U.S. Trademark Modernization Act(TMA) and China's 4th Amendment Trademark Act provide effective countermeasures against malicious trademark applications. In Japan's revised Trademark Law, the requirements for malicious trademark infringement were specified and the compensation method was supplemented. In our Trademark Act, there is a statutory damage compensation system and punitive damages provisions as appropriate remedies for refusal and invalidation of registration for malicious trademark infringement and suppressing infringement, so it seems that there is no direct need to amend the law to reflect the contents of the agreement. However considering the recent trend of strengthening trademark protection in major agreements and the improvement of systems in the United States, China, and Japan, it is necessary to review and study the revision or amendment of the Trademark Act. In particular, there should be continuous discussion and analysis focusing on the preparation of effective response procedures for malicious trademark applications and the establishment of appropriate remedies for trademark infringement.