인터넷환경에서의 지적소유권법제의 체계와 과제

• 발행기관: 한국인터넷법학회
• 저자명: 이상정
• 간행물 정보: 『인터넷법연구』제2호, 407~427쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.04.01

영문 초록

With the cyberspace explosively expanding through the Internet, a number of issues and problems take place beyond the scope regularly controlled by the existing laws. The striking example is intellectual property. While the development of the Internet is for the dissemination and sharing of information, intellectual property is for the protecrion and control of the information. The Internet and intellecrual property are working reversely. The Internet gives rise to a lot of problems in the area of intellectual property, especially, in the copyright, patent and trademark area. All kinds of copyrighted works have been made intO one medium by the development of digital technologies. Recently, the distinctive character of the Internet has caused so many copyright issues to occur. Those are the temporary copy In the RAM, linking, framing and the liabiliry of ISP or OlSP, ete. For an instance, file-sharing programs pose too complex problems to be solved by the conventional copyright law. In some countries the Internet-related invention - the business method inventions, user interface, communications protocol, data compression technology and encryption technology - has been awarded patent rights. In particular, business method afforded by the patent rights, encourage people to pay attention to banking and finance, and other services outside the traditional manufacturing and materials. The ongoing conflicts between domain names and trademark rights also generate difficult social issues. To solve these problems will be conducive to the new trade order of information society. The intellectual property acts have changed with the advent of the digital or Internet environment. The current Copyright Act and Computer Programs Protection. Act of Korea have been influenced by the WIPO Copyright Treaty and the WIPO Pedormance and Phonograms Treaty of 1996. In Korea, the transmission right was added to author's rights and the prorection of the technical measures and the right: management information are newly enacted in Computer Programs Protection Act. Many other nations are also interested in the amendment to existing laws in line with WCT and WPPT. For example, the revised Japanese Copyright Act of 1999, the U.S. Digital Millennium Copyright Act of 1998, the ED Directive. With respect to how to solve the disputes arising from IP, alternative dispute resolution (ADR) should be noted. Administrative procedures or ADR mechanism would be a good solution to the arguments regarding trademarks, service marks and domain names. With conflict between trade mark and domain name, the Unified Domain Names Dispute Resolution Procedures (UDRP) came into the spotlight. Now the intellectual property develops into a new dimension in the cyberspace. To make balance between the interest of right's holders and that of the public is the' important task of the future inteIlectual property system.

목차

1. 사이버세계의 등장

2. 종래의 지적재산법 체계

3. 인터넷상의 지적소유권 문제

4. 지적재산법의 현재

5. 종래 법, 특히 저작권법에서의 문제점

4. 인터넷에서의 지적재산법의 체계 : 인터넷에서의 변용 여부

7. 맺음말

Abstract