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WTO 美國 著作權法 事件의 通商法的 考察

Analysis of the US Copyright Act Case of the WTO

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Abstract

Since the entry into force of the WTO TRIPs Agreement for the protection of intellectual properties in 1995, many intellectual property related disputes were referred to the WTO dispute settlement system. There has been seven copyright related cases so far amongst them, and the US Copyright Act Case is the only one which resulted in the panel report. The panel for the US Copyright Act Case examined whether Section 110(5) of the Act conforms to Article 13 of the WTO TRIPs Agreement which regulates limitation of copyright through the so called three step test. The panel found that some part of the Section does not conform to the TRIPs Agreement, and recommended the US government to revise a relevant part of the Section 110(5) of the US Copyright Act. Instead of revising the US Copyright Act, however, the United States agreed to pay compensation to the EC music industries through the binding arbitration of Article 25 of the DSU. It remains to be seen how long such compensation would be effective as a temporary measure for the implementation of the report before a full implementation. By the rapid development of telecommunications and computer technology, the protection of copyright is getting stronger and stronger, and the importance of intellectual property in world trade is ever growing. A good understanding of the WTO TRIPs Agreement and its relevant case studies will be greatly helpful for the national interest in the era of trade war.

참고문헌 (27)

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  23. "Analysis of the US Copyright Act Case of the WTO"
  24. "Since the entry into force of the WTO TRIPs Agreement for the protection of intellectual properties in 1995 many intellectual property related disputes were referred to the WTO dispute settlement system There has been seven copyright related cases so far amongst them and the US Copyright Act Case is the only one which resulted in the panel report"
  25. "The panel for the US Copyright Act Case examined whether Section 110 of the Act conforms to Article 13 of the WTO TRIPs Agreement which regulates limitation of copyright through the so called three step test The panel found that some part of the Section does not conform to the TRIPs Agreement and recommended the US government to revise a relevant part of the Section 110"
  26. "Instead of revising the US Copyright Act the United States agreed to pay compensation to the EC music industries through the binding arbitration of Article 25 of the DSU It remains to be seen how long such compensation would be effective as a temporary measure for the implementation of the report before a full implementation"
  27. "By the rapid development of telecommunications and computer technology the protection of copyright is getting stronger and stronger and the importance of intellectual property in world trade is ever growing A good understanding of the WTO TRIPs Agreement and its relevant case studies will be greatly helpful for the national interest in the era of trade war"

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