불공정무역행위 조사와 부정경쟁행위 조사의 법적 비교

Abstract

Each subparagraph of Article 4, Paragraph 1 of the Unfair Trade Investigation Law stipulates the types of unfair trade practices that are subject to investigation by the Korea Trade Commission(KTC). This includes domestic imports and exports of goods that infringe intellectual property rights. Infringement of intellectual property rights under the Unfair Trade Investigation Act includes infringement of patent rights, utility model rights, design rights, trademark rights, copyrights, and trade secrets, but excludes acts of unfair competition under the Unfair Competition Law. Separate from the investigation under the Unfair Trade Investigation Law, the Unfair Competition Law operates an investigation system for unfair competition practices. It is necessary to compare this with the unfair trade practice investigation system of KTC and to study the validity and appropriateness of adding unfair competition practices to the scope of intellectual property infringement, which is the subject of investigation under the Unfair Trade Investigation Law. For this purpose, in this study, first, the investigation system under the Unfair Trade Investigation Law and the Unfair Competition Law was comparatively analyzed, and the operation status and current status of each system were investigated and analyzed. Next, by examining the current state of the unfair trade practice investigation system and related laws in major overseas countries, we looked at cases in which unfair competition is included in the target of unfair trade investigation abroad. Through this, the feasibility of adding unfair competition acts under the Unfair Competition Law to the scope of intellectual property infringement under the Unfair Trade Investigation Law was legally reviewed, and related considerations were presented.