드라마 제호의 부정경쟁방지법상 보호에 관한 소고

• 영문명: Study on The Protection of Drama Title Under Unfair Competition Prevention Law
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 張貞愛(Jung Ae Chang)
• 간행물 정보: 『비교사법』比較私法 제16권 제1호, 497~527쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

Today we frequently find the trademark on the street, which had been used in the drama title in the broadcasting station. Although the broadcasting station would like to claim the trademark right of drama title to those parties, the Copyright Law cannot protect its right since the drama title is not a literary works and also Trademark Law cannot help either if it isnt' registered. However, the economic significance of drama title is increasing these days, and people make every effort to create and determine the title since it stimulates the curiosity and brings enormous advertising impact. Thus people intend to take a free ride in the fame of drama title, resulting in the requirement of the legal protection system. On the hand, everyone has the right to create, decide and use the title. So it's not a simple problem as to how far the title should be protected. After all, only when the consumer might misconceive or confuse because of misuse of drama title, the Unfair Competition Prevention Law("UCPL") could be applied. That is when the title is famous mark in the country and the party uses that title without permission, the protection of UCPL should be examined throughly. In case the title used in the broadcasting is well-known as worth of protection, or is work as indication of source or discrimination functionally, the consumer might misconceive or confuse, UCPL §2 ① (ga) (na) should be applied. However, when it comes to the drama title, it is frequently more the trademark dilution, by blurring and tarnishment, than misconception and confusion. Thus, the anti-dilution provision should be considered and applied strictly to the point of requisite and evidence.

목차

Ⅰ. 들어가는 말

Ⅱ. 제호의 부정경쟁방지법 적용 가부

Ⅲ. 혼동초래행위

Ⅳ. 식별력 등 손상행위 (희석화 이론)

Ⅴ. 맺는 말

참고문헌

Abstract

키워드

유명상표 부정경쟁 출처·식별표지 혼동초래행위 희석화금지 Fame of Drama Title Unfair Competition Prevention Law Confusion Indication of Source and Discrimination Anti-Dilution Provision