상표법상 증명표장에 의한 지리적 표시의 보호 고찰
A Study on Protection of GI by Certification Marks under Trademark Act
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초록
Geographic Indication(GI) is the sign to identify a product originating from a certain region since the quality or other characteristics of a product is essentially attributable to its geographic origin. GI itself does not have inherent distinctiveness. However, when GI is used on goods for a long time, it will be able to acquire distinctive character. It is essential that the product with certification mark is managed and controlled because it is used in order to indicate specific aspects of products such as their geographical origin. The products passing the test in accordance with accredited standard are the key element of the certification mark. On account of this characteristic, many countries operate that GI could be registered in the form of certification mark under trademark Act. From the consumers' point of view, the certification mark system has a strong point such as providing an information and a standard about quality of the product and also the local brand or sign indicating certification of quality could be registered in the type of GI certification mark. However, the certification mark system has the shortcomings as difficulty of the management and control to correspond a certain standard. In Korea, the system for the protection of GI certification mark has been not introduced yet. In this situation, it will be very meaningful to examine in advance on the introduction of the GI certification mark trademark system in Korea. This study, above all, presents the explanation of the GI certification mark. And then I will review the cases of other countries about the protection of geographical name by trademark right. Finally, I will consider the applicability and the scope of protection of the GI certification mark in Korean trademark system
Abstract
Geographic Indication(GI) is the sign to identify a product originating from a certain region since the quality or other characteristics of a product is essentially attributable to its geographic origin. GI itself does not have inherent distinctiveness. However, when GI is used on goods for a long time, it will be able to acquire distinctive character. It is essential that the product with certification mark is managed and controlled because it is used in order to indicate specific aspects of products such as their geographical origin. The products passing the test in accordance with accredited standard are the key element of the certification mark. On account of this characteristic, many countries operate that GI could be registered in the form of certification mark under trademark Act. From the consumers' point of view, the certification mark system has a strong point such as providing an information and a standard about quality of the product and also the local brand or sign indicating certification of quality could be registered in the type of GI certification mark. However, the certification mark system has the shortcomings as difficulty of the management and control to correspond a certain standard. In Korea, the system for the protection of GI certification mark has been not introduced yet. In this situation, it will be very meaningful to examine in advance on the introduction of the GI certification mark trademark system in Korea. This study, above all, presents the explanation of the GI certification mark. And then I will review the cases of other countries about the protection of geographical name by trademark right. Finally, I will consider the applicability and the scope of protection of the GI certification mark in Korean trademark system
참고문헌 (24)
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