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표지법상 명성 보호에 관한 비교법적 고찰 -유럽연합상표법과 유럽사법재판소 판례를 중심으로-
정문기 ( Jeong Mun-Gi ) 안암법학회 2022 안암 법학 Vol.- No.65
Trademark law extended the traditional concept of confusion in accordance with the need to protect trademarks with reputation. In the 1990s, the extraordinary development of science and technology and the popularization of the Internet led to the emergence of new sales and advertising techniques. As trademarks began to be used online in various forms, it was difficult to adequately deal with trademark infringement and various unfair competition activities only with the origin function, which is an essential function of a trademark. The specific content and scope of ‘protection’ will be determined according to the purpose and function of trademarks and signs more important. However, the specific content and scope of protection differs depending on which function of the various economic functions of marks and signs is emphasized by a country’s trademark law system. As Korean companies’ products and services gained considerable recognition and reputation in the international market, Korea has introduced and implemented regulations to expand the scope of protection of mark having a reputaion, and has taken several signi-ficant legislative measures to meet international protection standards. The protection of famous mark and well-known mark at the registr-ation stage is not much different from the mark laws in Europe and Korea. However, despite the fact that well-known mark can be subject to ‘detriment of distinctive character’ and ‘damage to reputation’, they do not reach the level of protection as well as those of well-known marks. In addition, changing the perception of the function of a trademark and finding a realistic solution is an inevitable task in any legal system that operates the trademark law, and Korean theories and cases protect trademark rights against well-known and famous mark only when the origin function is damaged and remain silent when investment function and advertising function are infringed. Accordingly, this thesis sought to reflect on the limitations of the reputation protection of well-known mark under the current trademark law through comparison and review with the EU trademark law’s reputation protection system and case law. In addition, it was attempted to seek the possibility of expanding the protection scope of well-known mark according to ‘prevention of dilution through unification of well-known and famous mark’ and protection of non-origin functions’ in trademark infringement.
대간간학회지 제6차 춘계학술대회 초록집 : 포스터 전시 ; 간 유전분증 1예
정문기 ( Jeong Mun Gi ),김성권 ( Kim Seong Gwon ),김은아 ( Kim Eun A ),박동균 ( Park Dong Gyun ),권오상 ( Kwon O Sang ),구양서 ( Gu Yang Seo ),김선숙 ( Kim Seon Sug ),박종재 ( Park Jong Jae ),김유경 ( Kim Yu Gyeong ),감동훈 ( Gam 대한간학회 2000 Clinical and Molecular Hepatology(대한간학회지) Vol.6 No.1(S)