지적재산권에 관한 국제적 법질서와 국내법
International Legal Order and Domestic Law ; International Treaties on Intellectual Property and Their Impact on Domestic Laws of Korea

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서울대학교 법학연구소
법학, Vol.46 No3 pp.108-139
산업재산권의 보호TRIPs협정저작권의 보호범위와 그 구제수단최혜국대우
Republic of Korea has joined most of international treaties/agreements relating
to intellectual property including the Berne Convention for the Protection of
Literary and Artistic Works (“Berne”), the Paris Convention for the Protection of
Industrial Property (“Paris”), International Convention for the Protection of New
Varieties of Plants (“UPOV”), Patent Cooperation Treaty, Budapest Treaty on the
International Recognition of the Deposit of Microorganisms for the Purposes of
Patent Procedure, WIPO Copyright Treaty, WIPO Performances and Phonograms
Treaty, Convention for the Protection of Producers of Phonograms Against
Unauthorized Duplication of their Phonograms, Universal Copyright Convention
and so on.
According to Article 6 of the Constitution of Korea, all the international
treaties/agreements which have been ratified by the National Assembly (or
Congress of Korea) have the same effects in Korea as statutes enacted by the
National Assembly. Does this Constitutional provision mean that judicial courts
of Korea do not have to wait for the National Assembly to enact relevant
domestic statutes but simply rely on the international treaties/agreements
themselves? Theoretical debates on self-executiveness of international treaties/
agreements, however, may not reflect the reality in practice. In most cases, the
National Assembly has enacted all the relevant statutes before ratifying
international treaties/agreements so that judicial courts of Korea usually look to
domestic statutes only. Even when the international treaties/agreements matter, the...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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