지적재산법

chapter 1 서 설

제1절 지적재산권의 중요성 ···················································································· 1
Ⅰ. 새로운 재산―지적재산 ······································································· 1
Ⅱ. 새로운 무기―지적재산권 ···································································· 3
Ⅲ. 지적재산권의 의의―지적재산권이란 무엇인가 ·································· 4
Ⅳ. 지적재산(권)법, 지적소유권법, 무체재산(권)법 ··································· 7
Ⅴ. 지적재산권제도가 존재하는 이유 ······················································ 14
제2절 지적재산권제도의 연혁 ··············································································· 18
Ⅰ. 서 언 ································································································ 18
Ⅱ. 개 관 ································································································ 18
Ⅲ. 특허제도 ···························································································· 19
Ⅳ. 실용신안제도 ····················································································· 22
Ⅴ. 디자인보호제도 ·················································································· 23
Ⅵ. 상표제도 ···························································································· 26
Ⅶ. 부정경쟁방지제도 ·············································································· 28
Ⅷ. 저작권제도 ························································································· 29
Ⅸ. 우리나라의 지적재산권제도 ······························································ 32

chapter 2 특허법 . 실용신안법

제1절 특허제도 ····································································································· 41
Ⅰ. 특허제도의 목적 ················································································ 41
Ⅱ. 특허법의 목적 ···················································································· 43
제2절 특허법의 보호대상―발명 ··········································································· 45
Ⅰ. 총 설 ································································································ 45
Ⅱ. 발명의 종류 ························································································ 45
Ⅲ. 발명의 정의 ························································································ 48
제3절 특허요건 ····································································································· 52
Ⅰ. 서 설 ································································································ 52
Ⅱ. 특허를 받을 수 있는 자 ······································································ 55
Ⅲ. 특허의 객체적 요건 ············································································ 56
Ⅳ. 특허를 받기 위한 절차 ······································································· 75
제4절 특 허 권 ······································································································ 89
Ⅰ. 특허권의 발생 ···················································································· 89
Ⅱ. 특허권의 성질 ···················································································· 89
Ⅲ. 특허권의 효력 ···················································································· 91
Ⅳ. 존속기간 및 존속기간연장제도 ························································ 100
Ⅴ. 특허권의 이용 ·················································································· 101
Ⅵ. 특허권자의 의무 ·············································································· 102
제5절 특허권의 침해 ··························································································· 105
Ⅰ. 개 설 ······························································································ 105
Ⅱ. 특허권침해의 성립요건 및 유형 ······················································ 106
Ⅲ. 특허권침해에 대한 구제 ·································································· 114
제6절 특허심판제도 ···························································································· 123
Ⅰ. 특허심판제도의 필요성 ···································································· 123
Ⅱ. 특허심판제도의 종류 ······································································· 124
Ⅲ. 특허심판제도의 성질 ······································································· 125
Ⅳ. 특허심판절차 ··················································································· 126
제7절 직무발명 ··································································································· 132
제8절 실용신안법 ······························································································· 134
Ⅰ. 서 설 ······························································································ 134
Ⅱ. 보호의 대상 ······················································································ 135
Ⅲ. 보호의 요건 ······················································································ 136
Ⅳ. 출원절차 ·························································································· 137
Ⅴ. 심사절차 ·························································································· 137
Ⅵ. 실용신안권 ······················································································· 138
Ⅶ. 특허와 실용신안 사이의 상호조정장치 ············································ 138

chapter 3 디자인보호법

제1절 디자인제도 ······························································································· 141
Ⅰ. 서 설 ······························································································ 141
Ⅱ. 디자인보호제도의 문제점 ································································ 142
제2절 디자인보호법 ···························································································· 146
Ⅰ. 디자인보호법의 목적 ······································································· 146
Ⅱ. 보호의 대상 ······················································································ 147
Ⅲ. 디자인등록요건 ················································································ 154
Ⅳ. 디자인의 특유제도 ··········································································· 162
Ⅴ. 디자인의 출원, 심사 및 등록절차 ···················································· 169
Ⅵ. 디자인권 ·························································································· 171

chapter 4 상 표 법

제1절 상표제도 ··································································································· 175
Ⅰ. 서 설 ······························································································ 175
Ⅱ. 상표법의 목적 ·················································································· 176
Ⅲ. 상표의 기능 ······················································································ 177
제2절 상표법의 보호대상 ···················································································· 182
Ⅰ. 상표법상 상표의 개념 ······································································ 182
Ⅱ. 상표의 종류 ······················································································ 185
Ⅲ. 상표의 인접개념 ·············································································· 198
제3절 등록요건 ··································································································· 208
Ⅰ. 인적 요건―상표등록을 받을 수 있는 자 ········································· 210
Ⅱ. 실체적 요건 ······················································································ 211
Ⅲ. 절차적 요건 ······················································································ 224
제4절 상표등록출원 및 심사절차 ········································································ 226
Ⅰ. 상표등록출원 ··················································································· 226
Ⅱ. 출원의 보정, 분할, 변경 ··································································· 229
Ⅲ. 상표심사절차 ··················································································· 231
제5절 상표권·상표권자의 보호 ········································································· 232
Ⅰ. 서 언 ······························································································ 232
Ⅱ. 상 표 권 ···························································································· 233
Ⅲ. 상표권자의 보호 ·············································································· 240

chapter 5 저작권법

제1절 서 설 ······································································································· 244
제2절 저 작 물 ···································································································· 246
Ⅰ. 의 의 ······························································································ 246
Ⅱ. 저작물의 보호범위 ··········································································· 248
Ⅲ. 저작물의 예시 ·················································································· 250
Ⅳ. 저작물의 분류 ·················································································· 256
Ⅴ. 특수한 저작물 ·················································································· 258
Ⅵ. 보호받지 못하는 저작물 ·································································· 260
Ⅶ. 외국인의 저작물 ·············································································· 264
제3절 저 작 자 ···································································································· 265
Ⅰ. 의 의 ······························································································ 265
Ⅱ. 저작자 추정 ······················································································ 265
Ⅲ. 저작자와 저작권자 ··········································································· 266
Ⅳ. 특수한 경우 ······················································································ 267
제4절 저 작 권 ···································································································· 268
Ⅰ. 서 론 ······························································································ 268
Ⅱ. 저작인격권 ······················································································· 271
Ⅲ. 저작재산권 ······················································································· 276
제5절 저작권의 제한 ··························································································· 281
Ⅰ. 서 설 ······························································································ 281
Ⅱ. 자유사용 ·························································································· 282
Ⅲ. 저작물이용의 법정허락 ···································································· 293
Ⅳ. 저작권의 보호기간 ··········································································· 294
제6절 저작인접권 ······························································································· 295
제7절 배타적발행권 및 출판권 ············································································ 297
Ⅰ. 배타적발행권제도 ············································································ 297
Ⅱ. 출판에 관한 특례 ············································································· 300
제8절 등 록 ······································································································· 302
제9절 저작권침해에 대한 구제 ············································································ 304
Ⅰ. 권리침해의 의의·태양 ···································································· 304
Ⅱ. 민사상의 구제제도 ··········································································· 308
Ⅲ. 형사상의 제재 ·················································································· 310
Ⅳ. 온라인서비스제공자의 책임제한 등 ················································ 310

chapter 6 기타 지적재산법

제1절 부정경쟁방지법 ························································································ 313
Ⅰ. 서 설 ······························································································ 313
Ⅱ. 우리법이 인정하는 부정경쟁행위 ···················································· 314
Ⅲ. 영업비밀의 보호 ·············································································· 322
Ⅳ. 자유무역협정에 따라 보호하는 지리적 표시의 사용금지 등 ··········· 328
제2절 반도체집적회로의 배치설계에 관한 법률 ·················································· 329
Ⅰ. 서 언 ······························································································ 329
Ⅱ. 배치설계법의 내용 ··········································································· 332
제3절 식물신품종보호법 ····················································································· 337
Ⅰ. 서 언 ······························································································ 337
Ⅱ. 식물신품종보호법에 의한 신품종의 보호 ········································ 339
Ⅲ. 특허법과 식물신품종보호법에 의한 보호제도의 비교 ····················· 347
제4절 새로운 문제들 ··························································································· 350
Ⅰ. 저작권 이외의 방법에 의한 컴퓨터프로그램의 보호 ······················· 350
Ⅱ. 바이오 테크놀로지의 보호 ······························································· 357
Ⅲ. 저명상표의 보호 ·············································································· 365
Ⅳ. 트레이드 드레스 ·············································································· 371
Ⅴ. 진정상품 병행수입 ··········································································· 376
Ⅵ. 상품화권 ·························································································· 383
Ⅶ. 프라이버시권과 퍼블리시티권 ························································· 385
Ⅷ. 사이버 스페이스에서의 지적재산권 ················································ 388
Ⅸ. 전통지식·유전자원·전통문화표현물과 지적재산권 ···················· 405

chapter 7 지적재산권의 국제적 보호

제1절 지적재산권의 국제적 보호의 필요성과 국제적 보호에 관한 종래의 룰(RULE) ········· 411
Ⅰ. 지적재산권의 국제적 보호의 필요성 ··············································· 411
Ⅱ. 지적재산권의 국제적 보호에 관한 종래의 룰(RULE) ························ 412
제2절 산업재산권 관련조약 ················································································ 412
Ⅰ. 산업재산권 보호에 관한 파리협약(Paris Convention for Protection of Industrial Property of March 20, 1883) ········· 412
Ⅱ. 특허협력조약(Patent Cooperation Treaty: PCT) ····································· 415
Ⅲ. 상표법조약(Trademark Law Treaty) ····················································· 418
Ⅳ. 기타 국제조약 ·················································································· 420
제3절 저작권 관련조약 ······················································································· 422
Ⅰ. 문학적 및 예술적 저작물의 보호에 관한 베른협약 ·························· 422
Ⅱ. 세계저작권협약(Universal Copyright Convention: UCC) ························ 427
Ⅲ. 로마협약(International Convention for the Protection of Performers, Producers of Phonogram and Broadcasting Organization) ······ 429
Ⅳ. 음반협약(The Phonogram Convention 1971) ········································· 431
Ⅴ. 기타 조약 ························································································· 432
제4절 WTO/TRIPs ···························································································· 433
Ⅰ. 서 언―GATT에서 논의하게 된 배경 ·············································· 433
Ⅱ. GATT와 지적재산 ············································································ 434
Ⅲ. WTO/TRIPs ······················································································ 436
제5절 세계지식재산기구 저작권조약 및 실연·음반조약 ···································· 446
Ⅰ. 성립의 경위 ······················································································ 446
Ⅱ. 저작권조약의 내용 ··········································································· 447
Ⅲ. 실연·음반조약의 내용 ···································································· 453
제6절 위조 및 불법복제방지협약(ACTA)과 지적재산권 제도 ······························ 459
제7절 자유무역협정(FTA)과 지적재산권 제도 ····················································· 467

▨ 찾아보기 ······································································································ 471