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저작권법에 의한 보호가 부정되는 경우 부정경쟁방지 및 영업비밀보호에 관한 법률 제2조 제1호 (차)목의 적용범위

Title
저작권법에 의한 보호가 부정되는 경우 부정경쟁방지 및 영업비밀보호에 관한 법률 제2조 제1호 (차)목의 적용범위
Other Titles
The scope of application of Article 2 (1) (j) of Unfair Competition Prevention and Trade Secret Protection Act in case the protection under the Copyright Act is denied
Author
박성호
Keywords
부정경쟁방지법 제2조 제1호 (차)목; 보충적 일반조항; 타인의 성과에 대한 침해행위; 부정한 경쟁행위; 불법행위; Article 2 (1) (j) of Unfair Competition Prevention Act; Supplementary General Provision; Acts of Infringing on Other Persons' Achievements; Acts of Unfair Competition; Torts
Issue Date
2018-02
Publisher
한양법학회
Citation
한양법학, v. 29, no. 1, page. 79-111
Abstract
Article 2 (1) (j) of the Unfair Competition Prevention Act was newly established in 2013. This provision is supplementary general provision and its contents are inclusive. Therefore, there is a possibility that Article 2 (1) (j) will be expanded in practice. The purpose of this paper is to clarify the limits to which Article 2 (1) (j) is applied when the protection by copyright law is denied. The key point of this paper is that there should be 'special circumstances' that can be judged to be illegal as unfair competition act in applying Article 2 (1) (j). In order to formulate these 'special circumstances', it is necessary to specify them. For the classification of 'special circumstances', the precedents and interpretations of the general provisions of the German Unfair Competition Prevention Act can be referred from a comparative perspective. According to the German precedent and interpretation theory, as a type of behavior in which "special circumstances" are recognized, direct imitation of the intellectual achievements of another person, imitation of a mode contrary to contractual obligation or justice, or imitation of the mode of acquiring information by means of fraudulent means. And in order to be recognized as a 'special matter', it is necessary that the achievements of others are of a certain transaction value. The degree of transactional value required will need to be determined in consideration of the degree of imitation, the mode of imitation, and the limited period of time reasonably necessary for the return on investment of the achievement developer.
URI
http://www.dbpia.co.kr/journal/articleDetail?nodeId=NODE07424136&language=ko_KRhttps://repository.hanyang.ac.kr/handle/20.500.11754/117347
ISSN
1226-8062
DOI
10.35227/HYLR.2018.02.29.1.79
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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