법률시장 개방과 변리사의 역할

Abstract

Legal market opening is one part of globlalization of service and the globalization of services is closely related to other economic problems facing the world today. The world economy is now move interconnected than at any time in its history. There have been hot debate whether WTO and FTA is good for general welfare and for Korea. It, however, is impossible that Korea goes other direction against globalization movement. One of part of globalization, Korean and US government were started the negotiation on February 2, 2006, and concluded on April 1, 2007. The treaty was first signed on June 30, 2007,with a renegotiated version signed in early December 2010. Through long debate and renegation finally the KORUS FTA went into effect on March 15, 2012. A major part of the KORUS FTA is that it opens up the legal services market. There are tree steps of opening legla sercives in Korea. First,from March 15, 2012, U.S. firms can open up offices in Korea to advise on U.S. and international law, as well as arbitration. Second, two years later, U.S. firms can partner with Korean firms (profit sharing). Third, three years after that (five years from the effective date), U.S. firms can hire Korean attorneys directly. Legal market opening do not affect Korean patent attorney directly like other legal profession because of the exception of KORUS. Despite of benefit from FTA, current patent attorney or agent system has many problem. One of the problem is Korean patent attorney cannot perform their right to present client in the patent lawsuit. Korean patent attorney system and legal practice should be reformed and innovated according with global standard and practice.