중국의 지적재산권 보호제도 = Protection Systems of Intellectual Property In China

다국어 초록 (Multilingual Abstract)

In China, intellectual property rights are called 'intellectual property', rights to possess intellectual products and industrial or commercial signs in accordance with laws. The rights include copyrights, patent rights, and trademarks.

Legislation of intellectual property rights is grounded on the provisions of Articles 20 and 22 of the 1982 Constitution and the General Provisions of Civil Law. Patent rights and copyrights are provided for in the Patent Rights Act and the Copyrights Act, respectively. However, unlike Korea, China adopts a legislation method regulating invention, utility model, and design under the "Patent Act" in an integrated way. In addition, there are other administrative regulations related to intellectual property rights, rules of administrative agencies, and judicial interpretation by the Supreme People's Court.

Though intellectual property rights related laws are currently in effect after the revision thereof according to the provisions of the TRIPS Agreement, which followed the intent of joining the WTO, the Chinese administration has failed to respond properly to infringements on intellectual property rights. It is because details and methods for implementing the laws have yet to reach to the lower levels of the administrative and judicial agencies.

Hence, for Korean companies intending to enter the Chinese market, especially those involved in the IT business, a beneficial way to save their money and time is by prevention: take estimated risks into consideration for the protection of the companies' intellectual property rights. If the intellectual property rights of a company were infringed upon by a third party, the company would be advised to take other measures which China has introduced to protect the intellectual property rights, such as administrative dispositions, protective measures by the Customs Office, civil relief, and criminal punishments.

참고문헌 (Reference)

1 정상조, "지적재산권법" 서울: 홍문사 2004

2 황의창, "지적재산권법" 서울: 법지사 2001

3 KOTRA, "중국지적재산권 침해대응 매뉴얼" 서울: KOTRA 2003

4 법제처, "중국지적재산권 보호 법체계" 서울: 법제처 2004

5 湯宗舜, "著作權法原理" 北京: 知識産權出版社 2005

6 姜丹明, "知識産權法精要 依據指引" 北京: 人民出版社 2005

7 吳漢東, "知識産權基本問題硏究" 北京: 中國人民大學出版社 2005

8 張玉敏, "知識産權 市場競爭" 北京: 法律出版社 2005

9 孫邦淸, "技術合同實務" 北京: 知識産權出版社 2005

10 國家知識産權局組織編寫, "專利審査槪說" 北京: 知識産權出版社 2005

11 司法部律師資格考試委員會, "全國律師資格考試指定用書-民法學" 北京: 法律出版社 2004

12 全國人大常委會法制工作委員會民法室, "中華人民共和國著作權法”修改立法資料選" 北京: 法律出版社 2002

13 張乃根, "中國知識産權法" 北京: 法律出版社 1999

14 曹建明, "WTO 中國法律制度問題硏究" 北京: 人民法院出版社 2001

15 劉文華, "WTO 中國知識産權制度的衝突 規避" 北京: 中國城市出版社 2001