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국제지식재산권 분쟁 해결을 위한 중재적합성과 가능성에 관한 사례연구 원문보기

  • 저자

    박정환

  • 학위수여기관

    목원대학교 대학원

  • 학위구분

    국내박사

  • 학과

    무역학과 무역상무전공

  • 지도교수

    김원배

  • 발행년도

    2014

  • 총페이지

    167 p.

  • 키워드

    Arbitration Appropriateness Arbitrability Intellectual Property Rights Dispute;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T13534577&outLink=K  

  • 초록

    In the present time of informationized industrial generation, intellectual property rights is becoming a key element in determining the success and failure of enterprise as it is considered to be the only resource with sustainability and being competitive to the typical economical elements of the past. Accordingly, US as the center, advanced IT nations through protection of intellectual property rights, try to sustain their superior position in the international economics. Due to the complexity of its relation and diverse and frequent requirement of expertise, at the time of a dispute, it is common to require expertise in the field of dispute in addition to legal knowledge. In regard to international dispute, the dispute party of interest institute a lawsuit against the opposite party's national court of justice. In this case, the litigant faces language problems, unfamiliarity with the opposite party's litigation system, anxiety arising from possible one-sided judgement and difficulties in executing the judgement even if the case is won. International intellectual property rights dispute can lead to suspension of export, prohibition of sale, decline in reputation and others that may have great influences on the existence of an enterprise, as seen in the recent disputes between Samsung and Apple. Alternative Dispute Resolution (ADR), a spontaneously developed system to overcome the weakness of litigation, can be utilized in settling international intellectual property rights dispute through various methods including conciliation, mediation and arbitration. It is expected that arbitration with its strong feature of double binding will give a great contribution in resolving international intellectual property rights dispute. Furthermore, with the increase in the interest and the utilization of arbitration by the international arbitration institutions, activation of arbitration is anticipated. Such institutions are International Chamber of Commerce (ICC) which contributes to the activation of international trade through protection of intellectual property rights and World Intellectual Property Organization (WIPO) which has received over 20,000 domain disputes in the last decade. Republic of Korea currently operates various institutions to settle intellectual property rights dispute through ADR, but most of them provide services focused on mediation. The Korean Commercial Arbitration Board(KCAB), an institution providing arbitration service is no exception and it is not active in settling the intellectual property rights dispute through arbitration. Limitations of providing services that optimize the advantage of arbitration by the dispute resolution institutions, lack of awareness of arbitration by the consumers including the nation and the enterprises and passive or negative views from the court of justice, attorneys and patent attorneys which lead to the denial of utilization are the causes. With the technology-based advance of our enterprises into overseas market and multinational enterprises into our market becoming more common, approximately 200 international intellectual property rights disputes had occurred since 2007, resulting in urgent request of understanding and utilization of arbitration as a means of resolving international intellectual property rights dispute. In this paper, intellectual property rights was considered and appropriateness and arbitrability of arbitration in regard to intellectual property rights dispute were looked at. Furthermore, based on the problems in applying arbitration in intellectual property rights dispute, cases of intellectual property rights dispute were analyzed and current issues from each of the cases were deduced and studied in a manner of literature research in an attempt to propose policy that can activate domestic intellectual property rights institutions. Finally, plans for improvements regarding five aspects in policy, four aspects in operation and three aspects in environment was proposed in this paper. A continuous study must be carried out to establish national policy that meets global standards of international intellectual property rights and appropriateness and arbitrability of arbitration and to allow Korean enterprises to utilize the advantage of arbitration instead of litigation according to changing intellectual property rights dispute.


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