단체·증명표장제도를 통한 전통문화표현물의 법적 보호

Abstract

Since the end of the 1990’s, the topic of Traditional Cultural Expressions(TCEs) or Expressions of Folklore(EoF) has entered the ambit of intellectual property discussions with the World Intellectual Property Organization(WIPO). Traditional and Cultural Heritage holders stress the difficulties they encounter in preventing or controlling the commercial use of their Traditional and Cultural Heritage by third parties and in benefiting from this commercialisation themselves. They also express concerns about the inappropriate and offensive use of their Traditional and Cultural Heritage and wish to be have the possibility to object to any false attribution. In most cases, industries or third parties exploit Traditional and Cultural Heritage without asking for consent and without sharing the benefits of such exploitation with the Traditional and Cultural Heritage holders. Without an adequate legal protection system, Traditional Cultural Expressions(TCEs) can be owned by those with money and knowledge to abuse the existing system, rather than the actual Traditional Cultural Expressions(TCEs) holders. Under such circumstances, the actual Traditional Cultural Expressions(TCEs) holders who have been developing and maintaining Traditional Cultural Expressions(TCEs)throughout generations, may be excluded from the benefits generated from using Traditional Cultural Expressions(TCEs). Once registered, collective marks or certification marks can potentially be renewed perpetually. In this respect, the collective marks or certification marks system can help satisfy many of the concerns and policy objectives of Traditional and Cultural Heritage holders. The registration of Traditional and Cultural Heritage as collective marks or certification marks may assist in preventing or controlling the unwanted commercial use of Traditional and Cultural Heritage by third parties and increase their commercial benefits, as the addition of a label on a good adds to its value and increases consumer recognition of authentic traditional and cultural goods. When combined with an appropriate marketing strategy, the registration of Traditional and Cultural Heritage as collective marks or certification marks can assist in the promotion and dissemination of Traditional Culture. Besides, the registration of a collective marks or certification marks can be helpful in relation to the attribution and authentication of Traditional and Cultural Heritage and help protect Traditional and Cultural businesses from imitations.