등록상표와 주지ㆍ저명상표의 충돌

• 영문명: The conflict between well-known trademarks and a registered trademark
• 발행기관: 세창출판사
• 저자명: 황다운(Hwang da woon)
• 간행물 정보: 『창작과 권리』2016년 봄호 (제82호), 33~63쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.03.01

영문 초록

The conflict between the Trademark Act and the Unfair Competition Prevention Act is caused by a dual protection of well-known and famous trademarks by the two laws. Article 15 of the Unfair Competition Prevention Act in Korea confirms the principle of prior application of the Trademark Act and the supplementary status of the Unfair Competition Prevention Act, while the Supreme Court's precedents incapacitate this article, citing the abuse of trademark rights in terms of legal principles, and put the Unfair Competition Prevention Act equal or superior to the Trademark Act. Focusing on it, this study examines respective functions of the Unfair Competition Prevention Act and the Trademark Act and relations to each other, and analyzes leading cases related to the conflict between the two laws. Concerning conflicts of rights between the Trademark Act and the Unfair Competition Prevention Act, in particular, in exercising rights under the Trademark Act, the study shows that the Supreme Court excludes Article 15 of the Unfair Competition Prevention Act in many decision cases, including target decisions, citing ‘misuse or abuse of the Trademark Act’. Since such cases may harm legal stability by easily admitting abuse of rights under the Trademark Act without consistent criteria, efforts to maintain the intent of statutory provisions concerning the relations between the Trademark Law and the Unfair Competition Prevention Act are necessary. Alternative measures, such as introduction of prior user rights, or deletion of Article 15 of the Unfair Competition Prevention Act, can be considered, and options, such as allowing the registration to be nullified under the Trademark Act, as in the U.S. and Europe, if a trademark has been registered with any malicious intention, and making trademark rights invalid in case of any malicious trademark right exercises, can be reviewed for consideration.

목차

Ⅰ. 서론

Ⅱ. 부정경쟁방지법과 상표법

Ⅲ. 주지ㆍ저명상표의 보호

Ⅳ. 등록상표와 주지ㆍ저명상표의 충돌

Ⅴ. 관련 판례

Ⅵ. 문제해결의 대안

Ⅶ. 결어

참고문헌

Abstract

키워드

상표법 부정경쟁방지법 권리충돌 선사용권 상표권남용 Trademark Act Unfair Competition Prevention Act conflict of rights prior user rights abuse of trademark rights