지식재산권의 소유권성에 관한 검토
A Study on ownership of intellectual property rights
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
This study is to understand the essence of intellectual property rights. Accordingly, looking at the historical development of intellectual property right, and looking at the discussion of the essence through the comparison of ownership. The historical development of intellectual property are as follows. First, the value of intellectual products were rising, people were trying to do this monopoly. And then it occurred discussion on the essence of the intellectual property.. There was discussion of the various theories such as utilitarianism theory and the theory of natural rights theory, it is trying to find the essence of intellectual property continues even today. However, to clarify the nature of the intellectual property is difficult, it is necessary to look into the property rights with the features of the various elements. The reason is that intellectual products have become even include human as well as economic interests of creative value. In addition, intellectual property has the characteristics such as creativity, no identity, and excluded non-parenteral synthesis. According to this aspect of the present intellectual property it is addressed in accordance with a real right. But the question is how much intellectual property is consistent with the requirements of a real right. Accordingly, in comparison with the ownership and intellectual property rights and looked at the nature of intellectual property rights. Also it was to present specific basis for the protection of intellectual property rights, to take into account the specifications of the product was intellectual property to provide the rationale for relationship of rights and duties.
Abstract
This study is to understand the essence of intellectual property rights. Accordingly, looking at the historical development of intellectual property right, and looking at the discussion of the essence through the comparison of ownership. The historical development of intellectual property are as follows. First, the value of intellectual products were rising, people were trying to do this monopoly. And then it occurred discussion on the essence of the intellectual property.. There was discussion of the various theories such as utilitarianism theory and the theory of natural rights theory, it is trying to find the essence of intellectual property continues even today. However, to clarify the nature of the intellectual property is difficult, it is necessary to look into the property rights with the features of the various elements. The reason is that intellectual products have become even include human as well as economic interests of creative value. In addition, intellectual property has the characteristics such as creativity, no identity, and excluded non-parenteral synthesis. According to this aspect of the present intellectual property it is addressed in accordance with a real right. But the question is how much intellectual property is consistent with the requirements of a real right. Accordingly, in comparison with the ownership and intellectual property rights and looked at the nature of intellectual property rights. Also it was to present specific basis for the protection of intellectual property rights, to take into account the specifications of the product was intellectual property to provide the rationale for relationship of rights and duties.
참고문헌 (32)
- 김원준, "특허법" (2013), 신론사
- 김윤명, "저작권법 커뮤니케이션" (2014), 커뮤니케이션북스
- 노종천, "소유권법" (2007), 법문사
- 명호인, "한국 저작권법" (2012), 육법사
- 송영식, "지적소유권법(상)" (2005), 육법사
- 양승두, "공업소유권법" (1986), 법경
- 양창수, "민법산고" (1998), 박영사
- 윤선희, "특허법" (2010), 법문사
- 이수웅, "특허법" (2003), 삼선
- 이해완, "저작권법" (2012), 박영사
- 지원림, "민법강의" (2015), 홍문사
- 지적재산권법연구회, "디지털시대 지식재산이 벤처다" (2000), 전자신문사
- 황적인, "저작권법" (1990), 법문사
- 권영준, "저작권과 소유권의 상호관계: 독점과 공유의 측면에서", 경제규제와 법, 3(1) (2010)
- 김창화, "자연독점 이론의 관점에서 바라본 지적재산권 제도의 이해", 정보법학, 17(1), pp.175~205 (2013), 한국정보법학회
- 나종갑, "특허권의 역사적 변화와 자연권적 재산권으로서의 특허권 변화", 지식재산논단, 1(1) (2010)
- 남형두, "저작권의 역사와 철학", 산업재산권, (26), pp.245~306 (2008), 한국지식재산학회
- 손승우, "저작권 공정이용 제도의 개혁 논의 －온라인서비스제공자의 삭제통지 절차 및 저작권 침해 판단을 중심으로－", 국제거래법연구, 23(2), pp.264~281 (2014), 국제거래법학회
- 윤권순, "특허권 재해석을 통한 특허괴물 현상 분석과 '지식권'의 제안", 박사, 과학기술법, pp.2010
- 특허발명의 강제실시제도 공중보건문제를 해결하기 위한 제도개선을 중심으로, "이익희", 특허청, ~ (2005)
- 정진근, "법경제학적 관점에서 본 지적재산권 독점배타권의 정당성 －공정사용의 원칙을 중심으로－", 정보법학, 15(3), pp.183~208 (2011), 한국정보법학회
- 진도왕, "지식재산권의 해석 도구로서 재산권(Property)과 자연독점(Natural Monopoly) - 미국에서의 법경제학적 논의를 중심으로 -", 재산법연구, 29(4), pp.161~185 (2013), 한국재산법학회
- "‘특허권의 특성’ 게시글", 김영동[URL]
- 표절문제 해결방안에 관한 연구(1), "저작권위원회", 저작권정책, ~ (2007)
- "지식재산권의 경제적 성격" (2012), 한진수[URL]
- Alfred C. Yen, "Restoring the Natural Law: Copyright as Labor and Possession", Ohio St. L.J, 51, pp.517~547 (1990)
- Carla Hesse, "Intellectual Property" (2002), Routledge
- J.E. Penner, "The Idea of Property in Law" (2000), Oxford University Press
- Judy Anderson, "Plagiarism, Copyright Violation and Other Thefts of Intellectual Property - An Annotated Bibliography with a Lengthy Introduction" (1998), McFarland & Company, Inc. Publishers
- John Locke, "Two Treatises of Government", ~
- Justin Hughes, "The Personality Interest of Artists and Inventors in Intellectual Property", Cardozo Arts&Ent. L.J, 16, pp.81~ (1998)
- Simon Stokes, "Art and Copyright" (2003), Hart Publishing Oxford-Portland Oregon