商標와 地理的 標示의 衝突에 관한 硏究: WTO에서의 論議를 中心으로
The Conflict between Trademarks and Geographical Indications in the WTO
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Abstract
In the WTO negotiations on the protection of geographical indications, there are basically two issues. The first issue is the legal effects of the geographical indications registered in multilateral system. The United States wants a registration system without binding legal effects, while the European Communities wants a system with binding ones. The second issue is the extent of the goods or services to which additional protection is granted beyond wines and spirits. Currently, the United States tries to minimize the extension of those goods or services, while the European Communities argues that there should be no limitation in granting additional protection. In this article, I argued that Korea should approach the issues on the protection of geographical indications from the perspective of the protection of Korean trademarks, and of the development of Korean geographical indications. For the development of the Korean geographical indications, Korea currently needs the quality control of the agricultural products. Apart from the debate on the geographical indications in the WTO, Korea should prepare for a concrete registration and protection system for geographical indications, which can give incentives necessary to secure the minimum and consistent quality of agricultural products. On the other hand, Korea should support the U.S. proposal to protect Korean trademarks from the already genericized geographical indications and to protect Korean trademarks, which conflicts with geographical indications.
참고문헌 (17)
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