연구 요약
연구 요지 (AI)
집합건물 구분소유권의 등기 제도와 절차를 연구했다.
초록
Across all the spectrums of our society, there has been a rapid change from an industry society to an information one, from a structure based on material goods to a structure based on knowledge. ln light of this, the intellectual property tights system has become more and more important and recently, the need for protection of it has heightened. During the process of GATT's Uruguay Round Negotiaions, free trade of all goods is generally being pursued, but contraty to this general trend, in the field of intellectual property tights, the course taken is generally to strengthen " protectionism".
During the Uruguay Round Negotiation, trade-related aspects in intellectual property rights (TRIPs) have been one of the major topics on the agenda of the negotiations, and the opinion is that the scope of protection thereof extends to new intellectual property tights including the design of the semi-conductor chips, computer software, data base(s) and trade secrets. The above issues are often also raised in bilateral agreements between countries. The U.S. Omnibus Trade and Competitiveness Act of 1988 was established for the purpose of further strengthening the international competitiveness of the U.S. economy by using intellectual property tights as a weapon. Pursuant to such Act, the U.S.
International Trade Committee(ITC) may issue an order for suspension of import with respect to the import and sale of the goods which infringe intellectual property rights including patent, copyright and trademark rights obtained by U.S. companies. The influence of the Act is reflected in the fact that disputes regarding intellectual property tights between Koreas and U.S. occur frequently and the the U.S. trade representative has been putting trade pressure on Korea by placing Korea on its watch list in the field of intellectual property tights fot many years. In addition to the U.S., the EC and Japan have also put pressure on Korea regarding the protection of intellectual property rights.
Such international trends have two sides. On the one hand such international property protection acts in pratice as a large barrier to the industrial development of Korea, while on the other hand it also provides an opportunity for ajvancement of the economic structure by establishment sound industrial order. Under such circumstances, it is evident that accurate analysis and study of the current situation of international intelletual property tights and the course of development thereof is a amtter of priority, and since it seems that domestic study on these issues is not yet sufficient, the main purpose of this thesis is to develop a system fot the study of this field as a degree thesis.
The content of the thesis is as follows; First, in Chapter 1, the conventional concept of intellectual property rights and today's trends towards expansion of the concept of intellectual property rights is discussed and the concretenature and content of intellectual property tights is considered. Furthermore, the trend toward internationalization of intelletual property tights is primarily considered by seriusly contemplating the fact that intellectual property tights are emerging as the extensive objects of protection beyond national borders.
Chapter 2 deals with the international agreements regarding intellectual property rights, the grounds of execution therof, and on treaties regarding industrial property rithts and traties regarding copy right. Additionally, various kinds of treaties regarding new fields of intellectual property fights are also introduced. Chapter 3 considers an international institution in charge of maters relation to intellectual property rights, and private organiazations such as the International Industrial Property Protection Institution(IPPI) as well as the World Intellectual Property Organization(WIPO), a professional organization under United Nations and UNESCO are also contemplated.
Chapter 4 considers in detail the current situation regarding GATT, which has recently dealt with the matters regarding intellectual property rights as a major topic of its agenda. The general situation regarding negotiations concerning intellectual property rights in the Ureuguay Round, which recently appears as a possibility and course of establishment of a new international norm is considered.
Chapter 5 considers in detail the bilateral trade negotiations regarding intellectual property tights confronting Korea, including multilateral negotiations consisting of negotiation of intellectual property rights in the Uruguay Round in GATT, and centering around the curren situation regarding negotiation with the U.S. and the EC. Chapter 6 considers generally how matters regarding so-called advanced industry including computer software, semi-conductor chips, information industry, pharmceutical, bio-technology, design, industry and trade secrets are dealt with, focussing on international trends of protection.
In conclusion, the results of the above study are generally summarized and arranged. Some propoasls are made concerning the possibility of, and course to be taken in, establishin a new international norm oft the purpose of basic settlement of intellectual property tights as a topic fot future study. Additionally, the Author submits some thought on the measure that might be taken by the Korean government and companies under the rapidly changing international economic situations. I plan to continue study a number of matters which are anot resloved yet in this shesis with respect to the above matters.
목차
목차 緖論 = 1 第1節 硏究의 目的 = 1 第2節 硏究의 範圍 = 4 第1章 知的所有權 序說 = 7 第1節 知的所有權의 意義 = 7 I. 槪念 = 7 II. 知的所有權의 擴張 = 10 第2節 種類와 內容 = 12 I. 工業所有權 = 12 II. 著作權 = 16 III. 새로운 知的所有權 = 18 第3節 國際化 傾向 = 20 I. 國際化의 背景 = 20 II. 國際貿易에서 차지하는 比重 = 23 III. 知的所有權分野에서의 南北問題 = 25 第2章 知的所有權關係 國際條約 = 33 第1節 工業知的所有權保護에 關한 諸條約 = 33 第1款 파리協約 = 33 I. 槪說 = 33 II. 基本原則 = 36 III. 變遷過程 = 37 IV. 主要內容 = 42 V. 實體的 規定 = 49 VI. 問題點과 批判 = 54 第2款 特許協力條約 = 63 I. 成立背景 및 目的 = 63 II. 主要內容 = 65 第3款 其他協約 = 68 I. 原産地虛僞表示禁止에 관한 마드리드協定 = 68 II. 國際商標登錄에 관한 마드리드協定 = 69 III. 國際微生物款款에 관한 부다페스트條約 = 70 IV. 商標登錄條約 = 72 V. 其他協定 = 73 第2節 著作權保護에 關한 諸條約 = 75 第1款 베른協約 = 75 I. 槪說 = 75 II. 改正經過 = 77 III. 主要內容 = 80 第2款 世界著作權協約 = 86 I. 槪說 = 86 II. 主要內容 및 베른協約과의 關係 = 87 III. 開發途上國에 대한 特惠規定 = 88 第3款 其他 著作權 또는 著作隣接保護에 관한 國際協約 = 90 I. 槪說 = 90 II. 로마協約 = 91 III. 音盤製作
발행 정보
2001. 경희대학교 대학원 국내석사 학위논문