傳統文化表現物의 법적 보호에 관한 연구 (A Study on the Legal Protection of Traditional Cultural Expressions)

서지정보

· 발행기관 : 중앙대학교 법학연구원
· 수록지 정보 : 法學論文集 / 32권 / 2호 / 165 ~ 197페이지
· 저자명 : 장재옥, 김훈주

초록

The main purpose of this study is to analyze on the legal protection of traditional cultural expressions("TCEs" or, "expressions of folklore")
First, there is no internationally settled or accepted of a "traditional cultural expression. But there are many definition in national and regional laws and in international instruments. Defining the subject matter of protection has long been one of the most fundamental challenges associated with the protection of TCEs. This study contains how TCEs are defined can determine the extent to which and how they may be protected by intellectual property.
Second, there are disagreements between developed countries and developing countries about intellectual property protection agreement of TCEs. The developed countries insist on using the existing intellectual property protection, but the developing countries ask sui generis systems on character of TCEs. So both of them participate in intergovernmental committee of WIPO(World Intellectual Property Organization) and debate about the question.
Finally, an international regime of extensive protection for TCEs is not incompatible with some of more practical aspects of national and international intellectual property law, but it is also incompatible with the policies and purposes underlying traditional intellectual property law, particularly copyright law. So I recommend that protection for TCEs fall under alternative forms of intellectual property law, such as trade mark and trade practice, design, and unfair competition

영어초록

The main purpose of this study is to analyze on the legal protection of traditional cultural expressions("TCEs" or, "expressions of folklore")
First, there is no internationally settled or accepted of a "traditional cultural expression. But there are many definition in national and regional laws and in international instruments. Defining the subject matter of protection has long been one of the most fundamental challenges associated with the protection of TCEs. This study contains how TCEs are defined can determine the extent to which and how they may be protected by intellectual property.
Second, there are disagreements between developed countries and developing countries about intellectual property protection agreement of TCEs. The developed countries insist on using the existing intellectual property protection, but the developing countries ask sui generis systems on character of TCEs. So both of them participate in intergovernmental committee of WIPO(World Intellectual Property Organization) and debate about the question.
Finally, an international regime of extensive protection for TCEs is not incompatible with some of more practical aspects of national and international intellectual property law, but it is also incompatible with the policies and purposes underlying traditional intellectual property law, particularly copyright law. So I recommend that protection for TCEs fall under alternative forms of intellectual property law, such as trade mark and trade practice, design, and unfair competition

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