‘Intellectual property’ 용어의 동아시아(한국, 일본, 중국)에서의 법적수용 (Legal adaptation of the term ‘intellectual property’ in East Asia such as Korea, Japan and China)

서지정보

· 발행기관 : 한국지식재산학회
· 수록지 정보 : 산업재산권 / 34호 / 1 ~ 55페이지
· 저자명 : 윤권순, 이승현, 윤종민

초록

This article studies on the Legal adaptation of the term ‘intellectual property’ in East Asia such as Korea, Japan and Chinese. This article also evaluates the corresponding terms and considers the roles they do and adequacy of them.
The term "intellectual property" refers to the rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. The economic and cultural importance of this concept and term are increasing rapidly. Locke's theory that the fruit of his own labour should belong to the individual was extended in the 18th century to intellectual product. Locke's theory had justified to consider intellectual product as property rights. The term has been widespread since establishment of the World “Intellectual Property” Organization (WIPO) in 1967.
The debate over whether liability rules or property rules are preferable for intellectual property has extended to the term itself. There are some critics that "Intellectual property" is a misnomer since the right to exclude is the defining characteristic of property and incentives to engage in creative activity are increasingly being granted in the form of liability rights rather than property rights. Some suggests that intellectual liability is more proper term than intellectual property.
Instead of the term 'intellectual property', the new term 'knowledge property' has been used in China and South Korea. The term 'intellectual property' is more proper than 'knowledge property' in respect of justify intellectual product as a property because the word 'intellectual' indicate intellectual labour and activity. The term 'intellectual property' has also advantage to include music and arts as subject matter because it indicate intellectual activity. On the other hands the term 'knowledge property' well reflect the importance of knowledge as the term knowledge-based economy.
The dynamism and complexity of the term 'intellectual property' has a semantic dimension. The time has comes to consider an accurate term for the legal right for the results of intellectual activity.

영어초록

This article studies on the Legal adaptation of the term ‘intellectual property’ in East Asia such as Korea, Japan and Chinese. This article also evaluates the corresponding terms and considers the roles they do and adequacy of them.
The term "intellectual property" refers to the rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. The economic and cultural importance of this concept and term are increasing rapidly. Locke's theory that the fruit of his own labour should belong to the individual was extended in the 18th century to intellectual product. Locke's theory had justified to consider intellectual product as property rights. The term has been widespread since establishment of the World “Intellectual Property” Organization (WIPO) in 1967.
The debate over whether liability rules or property rules are preferable for intellectual property has extended to the term itself. There are some critics that "Intellectual property" is a misnomer since the right to exclude is the defining characteristic of property and incentives to engage in creative activity are increasingly being granted in the form of liability rights rather than property rights. Some suggests that intellectual liability is more proper term than intellectual property.
Instead of the term 'intellectual property', the new term 'knowledge property' has been used in China and South Korea. The term 'intellectual property' is more proper than 'knowledge property' in respect of justify intellectual product as a property because the word 'intellectual' indicate intellectual labour and activity. The term 'intellectual property' has also advantage to include music and arts as subject matter because it indicate intellectual activity. On the other hands the term 'knowledge property' well reflect the importance of knowledge as the term knowledge-based economy.
The dynamism and complexity of the term 'intellectual property' has a semantic dimension. The time has comes to consider an accurate term for the legal right for the results of intellectual activity.

참고자료

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