知識財産權紛爭의 裁判外 解決制度에 관한 硏究 -調停과 仲裁를 中心으로

• 영문명: A Study of Resolution of the Intellectual Property Dispute through Mediation and Arbitration
• 발행기관: 한국중재학회
• 저자명: 김용길
• 간행물 정보: 『중재연구』 제19권 제1호, 67~98쪽, 전체 32쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

Recently there are many cases on the intellectual property dispute. Among them some cases are solved through mediation and arbitration. Mediation and arbitration hold some advantage over court proceeding for intellectual property dispute. However the traditional litigation system has material limitation to settle down international intellectual property dispute. Without arbitration, litigation in court would be the only choice in case of no consensual settlement between the disputing parties. However, once being aware of the usefulness of the arbitration, people in international business widely realize that arbitration is generally preferred to litigation. Mediation is a method of settling dispute outside of court setting and many mediation committee are established since 1986 in Korea. Arbitrability has been a crucial issue in the intellectual property dispute. In most developed countries including the U.S.A. and Switzerland, arbitrability in the intellectual property dispute has been changed in recent years by law. Now in resolving the dispute with international intellectual property is needed for legal research, experience, working practices and knowledge of the intellectual property industry and so on.

목차

Ⅰ. 序論

Ⅱ. 知識財産權의 特性과 紛爭

Ⅲ. 調停ㆍ仲裁를 통한 知識財産權紛爭 解決

Ⅳ. 知識財産權紛爭 解決制度의 改善方案

Ⅴ. 結論

참고문헌

ABSTRACT