지적재산권의 공유관계

Abstract

As Article 278 of Korean Civil Act stipulates that, unless otherwise stipulated by other laws, the provisions of the Civil Law on joint-ownerships are also applied to property rights other than ownership, these provisions would be applied to other proprietary rights such as patent, trademark and copyright. Since the Patent Act, the Trademark Act, and the Copyright Act each have special provisions on joint-ownerships, such special provisions would be primarily applied to those of the Civil Act. However, it is questionable on what extend the special regulations would be applied, whether the regulations in the Civil Act would be completely excluded from that extend or whether the regulations in the Civil Act would be applied additionally. In particular, as intellectual property rights, in contrast to proprietary rights in the Civil Act which premise tangible materials, deal with intangible materials, it is more problematic. In this regard, domestic and foreign legislation and interpretation theory on the joint-ownership of the intellectual property rights, patent, trademark and copyright respectively, were reviewed. Also whether the legal nature of the join-ownership of the intellectual property rights would be co-ownership or partnership is examined. In accordance with this conclusion, it is analyzed whether each specific provision in the Civil Act could be applied to the co-ownership of the intellectual properties, or only the special provisions in the Patent Act, the Trademark Act and the Copyright Act could be applied exclusively, and if the provisions in Civil Act could be applied, whether they need to be modified. Even if the provisions on the co-ownership in the Civil Act could be applied, they should be modified, due to the personal relationship nature of intellectual property rights, Yet, under the current legislations and the interpretation theories, it is difficult to know exactly which of the provisions on the co-ownership in the Civil Act could be practically applied to the co-ownership of intellectual property rights and to what extent they would be modified. Furthermore, there is doubt as to whether the current provisions in the Patent act, Trademark Act and the Copyright Act are legitimately proper. It is necessary to be arranged legislatively, upon consideration of the characteristics of the intellectual property rights and the actual status of the intellectual property rights co-ownerships.