지적재산권 분쟁해결을 위한 국내 ADR제도의 문제점과 개선방안

• 영문명: The problems and improvement method of ADR system in Korea for Intellectual Property Rights disputes resolution
• 발행기관: 세창출판사
• 저자명: 정소현(Joung So Hyun)
• 간행물 정보: 『창작과 권리』2016년 가을호 (제84호), 2~23쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.09.01

영문 초록

Currently most of the disputes, including intellectual property disputes in the courts has been settled by arbitration. However, the situation is causing the delay of the trial in such cases the necessity of solving the problem of delay has been proposed. The problem of intellectual property dispute case without damage, and professional and technical details are contained in two, the psychology of the conflict brought more lawsuits if the period of ownership of intellectual property is a short term or the fall in the value of such use has been. Thus, as an alternative to litigation dispute resolution mechanism (Alternative Dispute Resolution: ADR, ADR is called below.) In this paper, the present study. Intellectual property disputes in a prompt and economical implications of ADR can be considered. The ADR professional knowledge and experience to the facts of the dispute quickly and accurately identify and shorten the duration of the litigation, it has the advantage of cost savings. Therefore, using ADR to resolve disputes through the development of culture and industry contributing to the environment that can be seen that the value is the peculiarity of ADR. ADR system of improvement of domestic conditions and to present issues of national ADR organizations and looked for the cause. Issues related to intellectual property rights in the country for the resolution of disputes ADR institutions, but is not utilized and its proposed remedies in order to identify the type of ADR procedure and to compare the pros and cons of ADR characteristics were analyzed. Based on the identified characteristics of ADR procedures so the national ADR organizations reveal the cause of the problem and propose a complement for him based on him. Thus, for this approach exists in the current issue of ADR organizations and their causes were investigated. Culture and industry contribute to the development perspectives of the realization that the public interest to reflect the intellectual property dispute resolution to utilize the national ADR system in fulfilling the positive look at the problem, improvement of national ADR organizations presented.

목차

Ⅰ. 문제의 제기

Ⅱ. 지적재산권 분쟁해결 방안으로서 ADR의 이용률 저조

Ⅲ. 지적재산권 분쟁해결 방안으로서 ADR의 전문성 결여

Ⅳ. 지적재산권 분쟁해결 방안으로서 ADR의 실효성 부족

Ⅴ. 맺음말

참고문헌

Abstract

키워드

분쟁해결제도 지적재산권 저작권 산업재산권 조정 중재 온라인 ADR ADR dispute settlement system intellectual property rights copyright industrial property right mediation arbitration online ADR