한ㆍ미 FTA 이행을 위한 미국의 증명표장제도 검토

• 영문명: Review on the American Certification Mark System As an Implementation of KORUS FTA
• 발행기관: 세창출판사
• 저자명: 김원오(Won-Oh Kim)
• 간행물 정보: 『창작과 권리』2007년 가을호 (제48호), 35~63쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.01

영문 초록

Recently KORUS FTA including the Clause that "Each Party shall provide that trademarks shall include certification mark" has been concluded at the end. This article is to review on the American certification mark system as an implementation action of KORUS FTA. This article firstly studies a certification mark in general by comparing it with a trademark, service mark or collective mark. It performs a distinctly different function from that of a trademark, service mark or collective mark. It is not used by the owner nor is it used to identify and distinguish the goods or services of any one party. Rather, it is used only on the goods and services of others and serves as a guarantee that those goods and services meet the standards set by the certification mark owner. Further, this article is to address issues concerning the requirements for the registration of certification marks and the responsibilities of the certification mark owner. Under the American certification mark system, a certification mark owner is required to adhere to strict standards of enforcement and control. Improper use of the mark or failure to adequately control the use of the mark can lead to the cancellation of the registration. For the protection of geographical indication as a certification mark, there are some exceptions in registration requirements thereof. In order to introduce it into Korean trademark law system properly, the above issues are discussed or examined and proposed a desirable directions for the revision of the Korean trademark law.

목차

Ⅰ. 서설

Ⅱ. 증명표장의 정의와 인접개념과 비교

Ⅲ. 미국의 증명표장제도에 관한 고찰과 분석

Ⅳ. 증명표장제도의 도입 방안 (결론)

참고문헌

Abstract

키워드

certification mark geographical indication trademark collective mark Lanham Act trademark law revision