부당한 지적재산권 행사에 대한 심사기준의 개정에 대하여 -지적재산권 신탁에 대한 논의를 중심으로-
On the Revision of the Intellectual Property Guideline - Focusing on the Trust of IP -
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The importance of Intellectual Property becomes greater than 10 years ago when the first IP Guideline was enacted in Korea by Korea Fair Trade Commission(KFTC) in the year 2000. However the guideline has never been revised up to now by KFTC. It's mainly because we have never had any meaningful cases that we have to apply with this guideline, but that cannot tell us every reason why we did not contact this guideline. In 2009 Qualcomm case was announced by KFTC after a number of years of efforts scrutinizing the licensing practices of that company. In course of dealing with that case and some cases afterwards, KFTC has been urged to revisit the guideline and revise it. In this Article, so many issues worth mentioning was to be reserved for later article. I focused on the copyright and patent trust issues only. In 2009 Ministry of Justice in Korea announced that Trust Act will be revised in accordance with the changing circumstances of our economy. I argue that trust also has be put in the guideline considering the possibility of frequency of usage of trust now and near future. We do not have any details in regulating IP trust from antitrust point of view right at this point, but putting the trust in the IP guideline could be a good starting block for any further discussions.
Abstract
The importance of Intellectual Property becomes greater than 10 years ago when the first IP Guideline was enacted in Korea by Korea Fair Trade Commission(KFTC) in the year 2000. However the guideline has never been revised up to now by KFTC. It's mainly because we have never had any meaningful cases that we have to apply with this guideline, but that cannot tell us every reason why we did not contact this guideline. In 2009 Qualcomm case was announced by KFTC after a number of years of efforts scrutinizing the licensing practices of that company. In course of dealing with that case and some cases afterwards, KFTC has been urged to revisit the guideline and revise it. In this Article, so many issues worth mentioning was to be reserved for later article. I focused on the copyright and patent trust issues only. In 2009 Ministry of Justice in Korea announced that Trust Act will be revised in accordance with the changing circumstances of our economy. I argue that trust also has be put in the guideline considering the possibility of frequency of usage of trust now and near future. We do not have any details in regulating IP trust from antitrust point of view right at this point, but putting the trust in the IP guideline could be a good starting block for any further discussions.
참고문헌 (15)
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