부정경쟁방지법에 의한 아이디어 보호의 비판적 검토 - 서울중앙지방법원 2015.10.30. 선고 2014가합567553 판결을 중심으로 -

• 영문명: A Review on the Idea Protection through the Unfair Competition Prevention Law
• 발행기관: 세창출판사
• 저자명: 유대종(Dae Jong Yu) 신재호(Jae Ho Shin)
• 간행물 정보: 『창작과 권리』2016년 여름호 (제83호), 68~107쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.06.01

영문 초록

Non-work that is not protected under copyright law are allowed to use coping and freedom. In addition, copyright protection has expired and is also available free to all work conditions placed on the public domain. However, even for non-work it does not get protection under the copyright law to make this work and non-administered many human and physical capital assets of the non-producers, and has a variety of industry take advantage of it. In addition, as active distribution of information via the Internet, the economic interests to meet the requirements of neglecting non-work such as creativity that were not protected by the copyright laws have also been protected by the civil law tort. If non-work, including ideas that could not get the copyright law protection is also being produced through substantial investment or efforts, and this unauthorized use in a way other people contrary to fair commercial practices or competition order to infringe the economic interests of the other persons' of unfair competition through the general provision highly likely to receive protection. This paper looks to analyze the judgment of the development and services in question to cases similar game using the rules of the game in another game. In addition, we look at the requirements for reasonable support and a harmonious interpretation between the two legal actions to protect the ideas used in the Unfair Competition Prevention Law, which serves to complement the intellectual property laws.

목차

Ⅰ. 서론

Ⅱ. 사건개요 및 판결요지

Ⅲ. 부정경쟁 일반조항의 입법취지 및 요건

Ⅳ. 게임규칙 모방과 부정경쟁행위와의 관계

Ⅴ. 부정경쟁방지법을 통한 아이디어 보호의 한계와 조화

Ⅵ. 결론

참고문헌

Abstract

키워드

부정경쟁 일반조항 부정경쟁 아이디어 보호 게임규칙 불법행위 General Provision of unfair competition Unfair Competition Protection Idea Rule of the game Tort