지리적 표시 제도를 통한 전통문화표현물의 법적 보호

Abstract

Since the end of the 1960's, the topic of Traditional Cultural Expressions has entered the ambit of intellectual property discussions. As has been examined in this report, Geographical indications can provide a legal protection for Traditional Cultural Expressions. Traditional Cultural Expressions holders stress the difficulties they encounter in preventing or controlling the commercial use of their Traditional Cultural Expressions by third parties and in benefiting from this commercialisation themselves. They also express concerns about the inappropriate and offensive use of their Traditional Cultural Expressions and wish to be have the possibility to object to any false attribution. In most cases, industries or third parties exploit Traditional Cultural Expressions without asking for consent and without sharing the benefits of such exploitation with the Traditional Cultural Expressions holders or relevant community. Once registered, Geographical indications can help satisfy many of the concerns and policy objectives of Traditional Cultural Expressions holders. The registration of Geographical indications may assist in preventing or controlling the unwanted commercial use of Traditional Cultural Expressions by third parties and increase their commercial benefits, as the addition of a Geographical indications on a good adds to its value and increases consumer recognition of authentic traditional and cultural goods. When combined with an appropriate marketing strategy, the Geographical indications system can assist in the promotion and dissemination of Traditional Cultural Expressions.