著作權法의 基本原理에 대한 再照明

• 영문명: A Study on the Principles of Copyright Act
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 신재호(Jae-Ho Shin)
• 간행물 정보: 『비교사법』비교사법 제11권 3호, 603~628쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

The traditional protection system of intellectual property is settled as the Patent approach to protect ideas and the Copyright approach to protect expression. Copyright should be granted to all kind of original works without any procedure or formality. However, there are many cases that have no legal basis on application of the Korean Copyright Act, since such dichotomous system has been taken for granted so far. To solve the problem, this paper re-examines such the principles of Copyright Act as requirement of creativity, idea-expression dichotomy, block effect, etc. Furthermore, I suggest considering the moral right of author recognized as the inalienable right of the author as special and exceptional personal right and distinguishing it from conventional Intellectual Property Right.

목차

Ⅰ. 序

Ⅱ. 創作性

Ⅲ. 模倣禁止權

Ⅳ. 아이디어ㆍ표현 이분법

Ⅴ. 著作人格權

Ⅵ. 結

參 考 文 獻

【ABSTRACT】