「중국 민법전」과 중국 지식재산권 법제 간의 조화방안 및 향후 과제

Abstract

Since 1949, China has been striving to enact a civil code that integrates the civil law system, and the fruit of it, the Chinese Civil Code, was enacted and implemented on January 1, 2021. In the process of enacting the Civil Code, discussions continued on how to harmonize the Civil Code and the Intellectual Property L aw l egislation. A cademia suggested t wo d ifferent m ethod, L inking a nd Separating system, and reviewed the advantages and disadvantages of each legislative method, and finally adopted a linking legislative method that general regulations on intellectual property rights stays in the Civil Code,while Intellectual Property Law operates independently the as a special civil law. This seems to be the result of ensuring the stability of the Civil Code, at the same time pursuing the diversity of intellectual property rights. Most of the regulations related to intellectual property rights in the Civil Code carried the provisions used in the existing civil law system, but the definitions of intellectual property objects in the General Civil Code, punitive damages and technical contracts in the Contract Provision were partially revised. Currently, as the Civil Code is stably implemented in China, how to reorganize the intellectual property rights legislation in the future emerges as a new task. Accordingly, in order to achieve China’s national strategy of building an intellectual property powerhouse, a basic law on intellectual property rights that encompasses the Civil Code and the Intellectual Property Law should be enacted. These discussions in China will be somehow inspiring for the future revision and operation of Korea’s intellectual property legal system, which has already reached maturity.