수리부품디자인의 보호에 관한 국제적 동향과 과제

• 영문명: A study on the international trends and problem of Repair Parts Design Protection
• 발행기관: 세창출판사
• 저자명: 전성태(Seong-Tae Jeon)
• 간행물 정보: 『창작과 권리』2011년 가을호 (제64호), 36~67쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.09.01

영문 초록

Companies supplying parts cannot manufacture a car door that an automobile company has the design rights if the car door is damaged in the accident. In the aftermarket, the companies supplying parts have to buy the car door to the automobile company that has the design rights. Therefore, it is hard for the companies supplying parts to participate in the market. Consumers and insurance industry also suffer when the market is monopolized by a few companies. The regimes of design law for the automobile industry depends on the diverse interests between countries. More to the point, there is no enforceable regulations under the provisions of the spare parts in the international treaties. Therefore, each country needs to consider the reduction of the period of protection for repair parts to minimize harmful effect of spare parts. It is also required the introduction of license agreement to the companies supplying parts in the conditions of payment after a period of years. This study is to review the background of the provision of the repairs and the trends of repair parts design protection in each country. Also, the study presents a few opinions to win antitrust clearance and to protect the design of repair parts. The introduction of license agreement to the companies supplying parts in the conditions of payment is required after a period of years. It will require the reduction of the period of protection for repair parts to minimize harmful effect of spare parts. And the introduction of license agreement to the companies supplying parts in the conditions of payment is needed after a period of years.

목차

Ⅰ. 서론

Ⅱ. EU에서의 수리조항 도입과 그 경과

Ⅲ. 수리조항 도입에 관한 주요국의 논의 동향

Ⅳ. 수리조항과 WTO TRIPs 제26조의 적합성 검토

Ⅴ. 결론

참고문헌

Abstract

키워드

수리부품 수리부품시장 머스트 매치 예외 수리조항 EU공동체 디자인 규칙 Spare parts Aftermarket Must Match exemption Repairs Clause EU Community Design Regulation