브랜드 사용료에 관한 형사법적 대응에 대한 고찰

Abstract

Brand use was made free of charge within a business group in the past, but when the value of a brand asset was recognized as the image and name of the business group and converted to a holding company, it entered into Brand royalty license agreements with affiliates in the business group. As the payment of brand royalty fees within corporate groups has become common, the government's regulations on brand usage fees have begun, led by the National Tax Service and the Financial Supervisory Service. Regulations on brand usage fees have intensified recently, with the judicial judgment that unfair support acts and criminal law constituting breach of trust. In this thesis, judicial regulations on brand usage fees will be reviewed by requirement, focusing on unfair support activities and breach of trust under criminal law, and the validity of regulations will be examined. In order to meet the requirements for "predibility" and "damage occurrence" of unfair support activities, the adequacy of user fees should be preempted, which requires justification for brand (trademark rights) ownership and evaluation criteria for user fees to be established. It is to examine whether the brand has been developed, invested, and maintained in practice other than those registered as the designee of the trademark, and to regulate the act of charging brand fees accordingly. In other words, the attribution of brand ownership within a business group to a corporation needs to be carefully determined by objective data such as the recognition of the brand at that time, the cost of forming the brand, the degree of contribution to the brand's recognition, and the adequacy of the contract. In determining the appropriateness of the brand's usage fees, it is difficult to create clear legal standards because various factors, such as the timing of the brand's formation, period of use, market share, and recognition of consumers, can be used to determine the brand's value. Therefore, the adequacy of the calculation of user fees is expected to be the basis for determining whether these procedures for brand user fees are procedurally reasonable after a multi-faceted review by external agencies.