한ㆍ중 저작인격권의 비교와 통상협력과제

• 영문명: The Korea-China FTA : Are the moral rights of the author Addressed?
• 발행기관: 한국무역연구원
• 저자명: 이찬도(Chan Do Lee) 최영화(Young Hwa Choe)
• 간행물 정보: 『무역연구』제10권 제6호, 681~698쪽, 전체 18쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2014.12.31

영문 초록

The purpose of addressing intellectual property rights under the Korea-China FTA is to minimize illegal distribution and to promote a healthy environment for intellectual property rights. As Korea s largest trading partner, China s cooperation under the principles of reciprocity regarding intellectual property rights is important. This study compares the similarities and differences between Korea and China in terms of how the moral rights of the author within intellectual property rights are seen. The study then analyzes and presents the major items that will have to be reflected onto the agenda for discussion of FTA follow-up measures and pre-signing. The analysis shows that in the trade of cultural content with China, flexibility needs to be applied to the moral rights of authors. The Chinese intellectual property law, too, has several articles that are insufficient in reflecting the socio-economic changes of recent years both at home and abroad. Some of the tasks that will have to be addressed include the protection period of intellectual property rights, mutual recognition of the moral rights of authors and active application of authentication services for intellectual property rights. These items had not been specified in the Korea-China FTA and will have to be stipulated within the framework of trade cooperation. In terms of trade practice, keen attention is required for the right to the integrity of the work, the right to claim authorship of the work and the valid period for which the works were established abroad.

목차

Abstract

Ⅰ. 서론

Ⅱ. 선행연구 및 분쟁사례

Ⅲ. 한ㆍ중의 저작인격권 유형과 내용 비교

Ⅳ. 한ㆍ중간 저작인격권의 통상협상 과제

Ⅴ. 결론

참고문헌

키워드

intellectual property rights the moral rights of the author cultural content Korea-China FTA