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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
- Issue Date
- 2003
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.44 No.2, pp. 101-134
- Keywords
- 2001년 不正競爭防止法 改正 ; 상표 희석화 ; 부정경쟁방지법 ; 저명상표 ; Conflicting Domain Names ; WIPO 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
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