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미국의 상표제도상 상표권과 상표의 사용 간 관련성에 관한 소고
문삼섭(MOON SAM SUP) 세창출판사 2017 창작과 권리 Vol.- No.89
Common law trademark right arise from the actual use of trademark in trade in the United States. The geographical area of that common law trademark right is limited to the region that a trademark owner actually used the trademark but if the trademark owner register the mark as a federal trademark on the principal register of the USPTO, the geographically limited common law trademark right is extended to the all region of the United States. Unlike other countries, the United States adopted the first-to-use system in acquiring trademark right. Fist-to-use system that was stemmed from the traditional ‘in-gross/appurtenant dichotomy rule’ of trademark right has been reflected in the common law and the 1946 Lanham Act in the United States. This thesis focus on the relationship between the trademark right acquisition and federal trademark application, examination, registration and maintenance of trademark right with the trademark use in the United States.
「유럽공동체 디자인에 관한 이사회규정」을 통한 유럽공동체 역내 회원국내에서의 국내상표의 보호전략
문삼섭(Sam-Sup Moon) 세창출판사 2005 창작과 권리 Vol.- No.39
The main purpose of this paper is for our national applicants or the patent attorneys to protect their trademarks by using the EC Design Council Regulation and to know the difference between the design protection system of Korea and that of EC. As graphic symbols, the dematerialized designs, fall under the definition of a product under the EC Council Regulation, traditional two-dimensional device marks, stylized word marks and composite marks could be protected as designs in EC. Global enterprises, such as 'INTEL' 'KONAMI', are protecting their trademarks by using this new EC design protection system, but many Korean applicants and patent attorneys do not even know about the EC design protection system. So this paper presents some strategies and recommendations to our national applicants or the patent attorneys who are striving to campaign against the infringement of their trademarks and trying to strengthen their brand power in European Countries.
디자이너를 위한 지식재산권교육 커리큘럼의 개발 : 독립디자이너를 위한 교육을 중심으로
김지훈(Kim Jihoon),문삼섭(Moon Sam sup) 한국디자인학회 2010 한국디자인학회 학술발표대회 논문집 Vol.2010 No.10
Recently Korean design is gaining a positive reputation in the world market. However, for robust growth and an enhancement of the quality of design, the design rights should be strenuously protected and the creation of authentic designs must be encouraged in society. Nevertheless, independent designers are hardly aware of the fact that legitimate protection of their intellectual properties in their designs against infringements plays significant role in creative industry compared with in-house designers working for large organizations which can manage their intellectual properties systematically and strategically. In that sense we implemented the curriculum for the teaching of intellectual property for winners of Korea Industrial Design Exhibition and Seoul International Design Competition and Korea Next Generation Design Leaders sponsored by Ministry of Knowledge and Economy and investigated results of the program through the analysis of survey data collected from participants of the curriculum to gain insights into more designer-centered teaching program.