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方碩晧 홍익대학교 법학연구소 2000 법학연구 Vol.2 No.-
The choice of relevant level between law and technology for the protection of intellectual property rights has been the situs of dilemma faced by IP regulations. The underlying belief for such simple choice is that either law or technology is the most effective way of protecting way of protecting one's own intellectual property rights. However, such dual ways of protection is widely supplemented by the third way, i.e., business strategy, along with the development of digital technology. Open source software is such a good example. Even though such strategy has its own limits in real application and therefore it should be utilized according to the characteristics of each intellectual item, it works to discard the inefficiency resided in the traditional choice job to larger extent. So, one should be, first of all free from somewhat prevailing presumptions that for effective protection of IP, our current regulations ought to be revised in digital era. Rather, the IP regulations should be approached and understood more closely within the context of other related laws, contracts, torts, commercial laws and industrial policies, based on through analysis of our own related market. Also, the protection of IP rights espressed by regulations should be an outcome of balance of civil and criminal sanctions. In such respect, some additional measures for effective civil protection, including punitive damages and fast track in procedure can be introduced to our current regulations regime. The idea of 'information' is also the starting as well as the ending point for proper role of IP regulations. In this respect, this paper stressed that the property approach utilized by U.S. side can not be a panacea for all IP issues. So, the asking for new laws and regulations should be filtered and modified by the entitlement approach in the solution process for current issues.
방석호 홍익대학교 법학연구소 2001 법학연구 Vol.3 No.-
The digital copyright works, especially 'audio-visual works', has been a long-time challenger to the current copyright regulations and related laws, especially for the issue of desirable circulation and utilization. This paper first deals with the issue of licensing contracts available in various countries, and stressed a kind of loopholes in Korean Copyright Act and its practices especially as to compulsory licensing regime for audio-visual works from the side of various broadcasting media. The Copyright provisions should be an outcome not only out of interests balancing among market participants but out of considerations as to related subjects area, especially communication policies for audio-visual works. The paper also tackled the legislative needs whether such specially modified licensing contract should be extended to digital transmission issue through Internet. The second part of this paper is assigned to collective management system issues of copyright for digital works, including desirable role of collective societies under digital era and audio-visual works utilization. And it stressed the inseparable characteristic of collective management and electronic copyright management system when taking a revision path for Korean Copyright Act. Finally, it suggested the introduction of totally new network-orinted system for digital works circulation and utilization through free and open market, not based on reorganizing current quasi-public organizations during such process of current copyright law review and revision.