지적재산법과 기술의 긴장관계

• 영문명: The Conflict between Intellectual Property Law and Technology
• 발행기관: 세창출판사
• 저자명: 신재호(Shin, Jae-Ho)
• 간행물 정보: 『창작과 권리』2009년 여름호 (제55호), 83~111쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.01

영문 초록

In this information-oriented era, the role of intellectual property law is to enrich the human life with promoting the growth in both quality and quantity. Technology is a valuable information by itself, and it basically satisfies the purpose of intellectual property law because development of technology is capable to enhance the value of information. Despite above, appearance of newer intellectual properties due to the development of technology and the alteration of use environment constantly change the conditions of current intellectual property law, and complicate the adaptation of the law. This environment in the field of intellectual property law inevitably continues while it constantly adapts the changes from the development of technologies. Instantly, development of technology sometimes excessively expands the scope of control on information usage in the intellectual property law which seeks the balance of provider and user, and sometimes it incapacitates the existence of intellectual property law and brings remarkable disparity between the provider and the user. It is inevitable, however, the conflict between technology and the law at the field of intellectual property law even from now on. In the perspective that technology itself is value-neutral while it can be misconducted, and under the basic rule that legislation should neither prohibit development of technology nor reject the benefits from it, the legislation, after all, should be changed adaptively to development of technology.

목차

Ⅰ. 들어가며

Ⅱ. 기술발전에 따른 지적재산법의 변화

Ⅲ. 기술발전에 대한 지적재산법의 대응

Ⅳ. 마치며

참고문헌

Abstract

키워드

콘텐츠 정보 사적 복제 기술적 보호조치 지적재산법 과학기술법 저작인접권 투자결과물 가상공간 지분권 Contents Information Reproduction for Private Use Technological protection measures Intellectual Property Law Technology Law Neighboring rights the output resulted from the investment Cyber space bundle of rights