지식재산권 보호의 균형과 헌법의 개정 방향

Abstract

Intellectual property rights that protect intangible intellectual creations have been recognized as a more important value than protection of tangible assets from some time ago, and the protection is getting stronger with the development of technology. Reinforcement of protection of intellectual property rights appears as the expansion of the object of protection and reinforcement of remedies according to the amendment of the law, and the protection of intellectual property rights is also being expanded through the precedents of the courts. Considering the value and importance of intellectual property rights, this trend is clearly positive. However, protection of intellectual property rights is not taken for granted. Rather, protection was initiated by the necessity of the times. Therefore, the legitimacy of protection of intellectual property rights or the necessity of strengthening protection should be considered from a policy point of view, and it is necessary to pay attention to expanding protection in the sense of justification that the need for protection of intellectual creations should be recognized. Regarding the protection of intellectual property rights, there has been a parallel discussion of regulations under the Fair Trade Act from the beginning. In particular, the recent advent of the fourth industrial revolution and the COVID-19 crisis have raised many questions about the legitimacy of intellectual property protection. These points need to be considered in the direction of intellectual property protection. In parallel with strengthening the protection of intellectual property rights, discussions of legislative or interpretive and legal restrictions may continue to be raised, but more fundamentally, it may be considered to put provisions on the limits of protection in the Constitution. Article 22 (2) of the Constitution of the Republic of Korea provides for the protection of intellectual property rights, which is unique in that there are few legislative cases regulating the protection of intellectual property rights in the Constitution. If so, it may help to strengthen the legitimacy of intellectual property protection and find a balance point by stipulating the limit standards for strengthening the protection of intellectual property rights in the Constitution. Intellectual property rights should eventually conform to the constitutional ideology of human dignity and value and the right to pursue happiness, and should contribute to human life and happiness.