The Article 2. 1. (j) of the Unfair Competition Prevention and Trade Secret Protection Act was introduced by the amendment on 17 April 2018. It explicitly prohibits the unfair competition activity so-called ‘idea misappropriation’ or ‘techno...
http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
https://www.riss.kr/link?id=T16154148
대전: 충남대학교 특허법무대학원, 2022
학위논문(석사) -- 충남대학교 특허법무대학원 , 특허법무학과 특허법무 전공 , 2022. 2
2022
한국어
346.048 판사항(22)
대전
A Study on the Interpretation and Improvement of the Article 2. 1. (j) of the Unfair Competition Prevention Law and Trade Secret Protection Act
iii, 67 p.: 삽화; 26 cm.
지도교수: 육소영
충남대학교 논문은 저작권에 의해 보호받습니다.
2021학년도부터 인쇄본은 소장하고 있지 않습니다.
참고문헌 수록
I804:25009-200000606741
0
상세조회0
다운로드다국어 초록 (Multilingual Abstract)
The Article 2. 1. (j) of the Unfair Competition Prevention and Trade Secret Protection Act was introduced by the amendment on 17 April 2018. It explicitly prohibits the unfair competition activity so-called ‘idea misappropriation’ or ‘techno...
The Article 2. 1. (j) of the Unfair Competition Prevention and Trade Secret Protection Act was introduced by the amendment on 17 April 2018. It explicitly prohibits the unfair competition activity so-called ‘idea misappropriation’ or ‘technology misappropriation’ which has been pointed out as a serious problem of the Korean economy by preventing the growth of innovative SMEs and startups.
Because it is the first legislation directly governing the protection of ‘idea’, it is required to provide concrete interpretations of the provision to minimize the legal uncertainties of the stakeholders. However, the precedents have not yet been accumulated and even academic discussions have not been sufficient. Therefore, this thesis proposes the detailed interpretation of the elements of the new regulation, the Article 2. 1. (j). When interpreting this new regulation, it is important to consider the legislative purpose of this regulation and Unfair Competition Prevention and Trade Secret Protection Act : to establish a sound transaction order and to prevent free-riding on the efforts of others. It should also be considered that the Article 2. 1. (j) was legislated to cover the blind spots of existing laws in preventing idea misappropriation. Therefore, it is not desirable to interpret the requirements of the Article 2. 1. (j) too strictly. However, it is also essential to strike the right balance among stakeholders not to restrict the normal spread of ideas or affect normal negotiations and transactions. Harmonization with the existing legal framework such as patent and trade secrets should also be taken into account.
As legislation was promoted quickly, some important issues such as distribution of the burden of proof and appropriate protection period were not discussed in depth. This thesis propose to make an amendment to the Article 2. 1. (j) to partially shift the burden of proof, to limit the period of protection, to strengthen the effectiveness of administrative relief, and to improve the clarity of the languages of the Article 2. 1. (j).
목차 (Table of Contents)