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불공정 경쟁행위의 규제 -기술과 시장의 변화에 대한 법적 대응- : Regulation of Unfair Competition -Searching for Appropriate Responses to Technological Developments and Market Changes-
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- Authors
- Issue Date
- 2004
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.45 No.3, pp. 162-211
- Keywords
- 무체재산 ; 영업방법이나 광고방법 ; 불공정거래행위 ; 아바타(avatar) ; 저작물과 발명 및 의장
- Abstract
- There are an increasing number of lawsuits relating to new technologies where
the plaintiffs or complainants attempt in vain to claim damages for intellectual
property infringements and the courts sometimes award damages for torts instead.
New technologies in the field of computers and telecommunications have created
totally new markets, which give rise to a variety of disputes relating to
misappropriation of intangible properties or unfair competition. Courts nowadays
encounter cases where the alleged misappropriation of intangible properties do
not amount to intellectual property infringement but to a tort. There have been
raised various questions as to the requirements of tort especially the standards of
wrongfulness and the feasibility of granting injunctions preventing the alleged tort
under the Civil Code which have traditionally allowed for injunctions only in
cases of infringement upon real property rights.
Like in other jurisdictions, there are several statutes dealing with
misappropriation of intangible property or unfair competition in Korea. First, the
Unfair Competition Prevention and Trade Secret Protection Act (UTA) may be
the utmost important statute to rely on in cases of unfair competition. Yet, the
UTA is limited passing off and trade secret misappropriation and may not extend
to cover other unfair competition which may arise in new markets due to new
technologies. Secondly, the Antitrust & Fair Trade Act (Antitrust Act) prohibits
not only anti-competitive practices but also unfair trade practices. The Antitrust
Act heavily relies on the initiatives by the Fair Trade Commission of Korea so...
- ISSN
- 1598-222X
- Language
- Korean
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