SHERP

부정경쟁방지 및 영업비밀보호에 관한 법률상 희석화에 대한 연구
Study on Legal Issues of the Dilution under the Unfair Competition and Business Secret Protection Act

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Authors
조정욱
Issue Date
2003
Publisher
서울대학교 법학연구소
Citation
법학, Vol.44 No2 pp.101-134
Keywords
2001년 不正競爭防止法 改正상표 희석화부정경쟁방지법저명상표Conflicting Domain NamesWIPO 저명상표 보호규범
Abstract
The amendment of the Unfair Competition and Business Secret Protection Act
(the “Act”) determined dilution of marks in 2001 to strengthen the right of
well-known mark owners. According to article 2(1)(c) of the Act, an act, other
than one causing a likelihood of confusion, that causes injury to the
distinctiveness or reputation of another person's mark widely known in Korea by
using a mark that is identical or similar to such mark, shall be treated as an act
of unfair competition unless such act is non-commercial or otherwise authorized
under a presidential decree. This article shall cover issues related to dilution.
Dilution was initially designed to protect prominent marks, as opposed to all
marks. However, the description “widely known” is ambiguous in that it cannot
be determined whether it can be construed as equal to “well known,” or even
further known than “well known.” But to the extent that the concept of dilution
was originally designed to protect well-known marks, it would be prudent to
interpret the concept of dilution being introduced in our nation as literally as
possible.
While according to precedent, dilution is sorted between blurring and
tarnishment, the law states that “damage to the distinctiveness and reputation of
the party's mark,” there remains the question of damage to the distinctiveness.
Even though dilution's basic system is based on blurring or tarnishment, to the
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9152
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 44, Number 1/4 (2003)
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