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KERD
논문KCI 등재

한-EU FTA의 지적재산권 주요 쟁점 분석

An Analysis of Major Intellectual Property Issues of Korea-European Union

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초록

In May 2006, Korea and European Union declared that both parties would negotiate for concluding the free trade agreement. Both parties have sit on the table for 8 times until now, they failed to reach an agreement. It is expected that both parties will conclude the negotiation when the summits of both parties meet in Seoul at the end of May. As a matter of fact, both parties have come to a consensus on all IP issues except for geographical indications. This paper intends to analyze some major intellectual property issues of the Korea-EU FTA by reviewing the IP issues of the KORUS FTA. This paper deals with some copyright issues such as performing rights and Droit de Suite, and some industrial property issues such as geographical indications and the protection of pharmaceutical products information. This paper concludes that both FTAs Korea concluded or is negotiating will have much impact on the enforcement of intellectual property in Korea.

Abstract

In May 2006, Korea and European Union declared that both parties would negotiate for concluding the free trade agreement. Both parties have sit on the table for 8 times until now, they failed to reach an agreement. It is expected that both parties will conclude the negotiation when the summits of both parties meet in Seoul at the end of May. As a matter of fact, both parties have come to a consensus on all IP issues except for geographical indications. This paper intends to analyze some major intellectual property issues of the Korea-EU FTA by reviewing the IP issues of the KORUS FTA. This paper deals with some copyright issues such as performing rights and Droit de Suite, and some industrial property issues such as geographical indications and the protection of pharmaceutical products information. This paper concludes that both FTAs Korea concluded or is negotiating will have much impact on the enforcement of intellectual property in Korea.

참고문헌 (8)

  1. "J. McCarthy's DESK ENCYCLOPEDIA of INTELLECTUAL PROPERTY", ~ (1995)
  2. Peter Burger, "The Berne Convention: Its History and Its Key Role in the Future", J. L. & TECH, 3, pp.1~ (1988)
  3. "NIMMERS ON COPYRIGHT RIGHT", ~ (2002)
  4. Jennifer B. Pfeffer, "The Costs and Legal Impracticalities Facing Implementation of the European Union's Droit De Suite Directive in the United Kingdom", 24 NW J, 24, pp.533~ (2004)
  5. Elliot C. Alderman, "Resale Royalties in the United States for Fine Visual Artists: An Alien Concept", J. COPYRIGHT SOC'Y, 40, pp.265~ (1992)
  6. 김원오, "EU 및 그 주요 회원국의 추급권 입법 동향", 법학연구, 10(4), pp.3~48 (2007), 법학연구소
  7. 이대희, "인터넷과 지적재산권법" (2002), 박영사
  8. 이동기, "유럽의 추급권 제도 운영과 우리나라에의 도입 여부에 관한 연구", 계간 저작권, 22(1), pp.47~71 (2009), 한국저작권위원회

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