지리적 표시 단체표장제도의 문제점과 해결방안에 관한 고찰

Abstract

In Trademark Act, there is a system of collective mark for a geographical indication as a protection system of geographical indication. This system admits a registration of a geographical indication by means of collective mark systems, if a non-distinctive geographical indication has earned a reputation related to a quality of a specific goods. This system looks like being organized well by means of Trademark Act, but several problems in managing this system practically have appeared. Mentioning about the problems precisely, we can raise issues, which Korean Intellectual Property Office(KIPO)’s supports have only too much focused on making collective mark rights for a geographical indication like application supports and awareness of cunsumers for collective mark for a geographical indication is not high particularly and application process is very complicated. Examining about this problems more concretely, we can raise issues like difficulty in fulfilling requirements of applicants, an internal struggle of producer group, neglect of follow-up management, and lack of understanding, promotions and supports on making economical profits in a system of collective mark for a geographical indication. For solving this problems, we will need education and supports of follow-up management, supports for solving an internal struggle of producer group, KIPO’s supports on education of application process and legal modification on simplification of application process, education and supports of commercialization after registrations and supports on promotions for raising consumers’ awareness. In conclusion, if we make solutions of problems in managing collective mark for a geographical indication, legal status of this system will be maintained continuously and this system will develop. And this solutions will distinguish this system from protected geographical indication system in the Agricultural Products Quality Management Act and will be able to make a contribution to a practical protection of a geographical indication.