• 무역상무연구
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• 제69권
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• pp.699-720
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• 2016

In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

• 무역상무연구
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• 제15권
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• pp.169-209
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• 2001

As a domain name can be registered simply by filing an application for registration, disputes over the domain name between the holder of domain name and the holder of trademark increased. Since the holder of trademark who was late for registering domain name is willing to pay for the return of domain name, cybersquatters increased. Cybersqatters are not genuine users of the Internet. This article is to compare the construction of law by American Courts and by Korean Courts and to assert the creation of the law similar to the law of US as to anti-cybersqatting. American Courts applied the Trademark Act and the Anti-Dilution Act to resolve the disputes over domain name. To apply the Trademark Act, the Court required the plaintiffs to prove that the goods or the services expressed by the domain name should be identical or similar to the goods or the services represented by the trademark. However, there were many cases where the holder of domain name used it for the goods or the services irrelevant to those of the holder of trademark. Also, the Anti-Dilution Act could not successfully protect the holder of trademark from cybersquatters because it required that the trademark should be famous or distinctive. As a result, the US promulgated a new law which is designed to prohibit cybersquatters from being free of sanction by the existing laws. Korea Courts applied the Trademark Act and the Unfair Competition Prohibition Act to the cases disputing domain name. Likewise in the US, Korean Courts must cope with the issue of identity of the goods or the services, and the famousness or distinctiveness of trademark. The Courts hesitate to give a winning judgement to the holder of trademark simply because the domain name of alleged violator confused the trademark. Some scholars advocate the broadening of construction of the Unfair Competition Prohibition Act to illegalize cybersquatting but it is beyond the meaning of the law. Accordingly, it is a time to make a law similar to the Anti-Cybersquatting Act of the US. The law must be a fair and reasonable compromise to resolve the collision between system of registration of domain name and the system of registration of trademark. Some commentators advocate that the registration of domain name should be examined just as the one of trademark and to facilitate it, the Patent and Trademark Office should have jurisdiction of registration of domain name. But it abandons the distinction of domain name and trademark and results in obstructing e-commerce. By adopting the Anti-Cybersqatting Act, we can prohibit it. In other cases, we get a reasonable adjustment between the holder of domain name and the holder of trademark through the Trademark Act and the Unfair Competition Prohibition Act.

• 복식
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• 제56권6호
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• pp.153-167
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• 2006

This study was purposed to analyse the registration of Korean Fashion brands in China and to point out problems by the registration of analogous trademarks to Korean brand names. List of total 137 Korean national brands were used to collect trademarks in Chinese Trademark Office and each trademark was analysed by the nationally and the date of registration. Analogy of registered trademarks were classified by the common traits. In Result, only 61 Korean national brands were registered by Korean fashion firms in China and 37 Korean national brands were registered by Chinese firms or individuals in the same product classification or in the similar fashion product classification. And 22 Korean national brands out of 61 registered by Korean firms were also registered by Chinese firms, which may lead confusion and misidentification to Chinese consumers. Pre-registration by the Chinese firms f9r analogous or identical trademarks of the Korean fashion brand names in analogous product classification should be a serious entry barrier to Chinese market.

• 복식
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• 제54권1호
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• pp.125-139
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• 2004

The present study was to analyze the trend of registration of design rights in apparel products and tc point out problems of current protection law to design. The research data was total 1,850 design rights in apparel that have been registered to the Korean Patent and Trademark Office from the first design registered in March 1, 1963 through those registered in April 24, 2003. All design rights were analyzed by the year, by the type of product, and by the type of applicant. And also design rights registered under the revised design registration system(without examination) were analyzed by the trait. The results of the study were as follows: (1) Sweater & polo shirts, underpants, and the Korean traditional dress were three major single categories registered in apparel : (2) 54.3% of total design rights in apparel was registered since the legal system of design rights has been revised in March 1, 1998 : (3) Registration by individual applicant were 71.7% of total; (4) About 60% of total design rights were for aesthetic, but in some categories such as vest. brassiere, undershirts, designs for function were more frequently registered than others. And total 68 design rights for the symbol of the organization or uniform, were registered in upper outerwear and pants : (5) As problems of the current legal protection system for designs, the term of “design”(expressed in Korean), double registration of similar designs, malicious intention to register other's trademark as his/her own design. The current legal system for design rights were more used for the product that has relatively long life cycle. And the revised law has been effective in encouraging the registration of design rights. However. the current design law still has some problems to be revised to prevent design rights or trademark infringement.

• 한국의상디자인학회지
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• 제5권3호
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• pp.63-77
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• 2003

This study was to analyze the trademarks of The Polo Lauren Company in fashion products and its analogous trademarks that have been applied or registered in the Korean Patent Office. The data was collected from the Korean Patent Office and KIPRIS search system was used. Total 468 trademarks applied by the date of September 10, 2003 including 317 registered trademarks of the Polo Lauren Company and 151 its analogous trademarks applied for fashion products, were used for the analysis. The results were follows. (1) Total 73 different types of trademarks of the Polo Lauren Company were registered for 26 product classification. Trademarks were composed of all possible combination of letter, sign and sketch to prevent the registration of its analogous trademark. Also even the same trademarks were registered for each different product classification. Since the early 1990s the extended trademarks for each segments reflecting diverse lifestyles were frequently registered. (2) Total 134 trademarks that had applied for registration were rejected due to its analogousness to the Polo Lauren. Most of them were seem to purposely analogous to mislead and to confuse consumers. The major type was to add one or two words as brand extention to the genuine Polo brand. Next type was minor modification of genuine trademark. The last type was almost same brand names in different product categories. (3) Total 3 trademarks were not permit to register by the objection of the Polo Lauren Company. Total 19 trademarks were permit to register. Those showed low degree of analogousness. However most of these trademarks were cancelled by the lawsuit of the Polo Lauren company.

• 한국지역사회생활과학회지
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• 제17권2호
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• pp.3-14
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• 2006

This study intends to offer suggestions for improving the security and competitive power of traditional liquors by investing in the status of intellectual property rights. Merchandising and the marketing strategies of traditional liquor are also addressed. The data was collected through a questionnaire survey given to 101 CEOs of traditional liquor manufacturers. The major results of this study were as follows: The management types of traditional liquor manufacturers were classified as the company 57 (56.4%), the corporation or the union 29 (28.7%), domestic industry 10 (9.9%), and marketing community or technology center 5 (5.0%). The competitive power degree of traditional liquor products was classified as strength 30 (31.6%), usual 30 (31.6%), weakness 35 (36.8%). The elements of strong competitive power were taste, functional (wellbeing) character, and attractiveness of the brand name. On the other side, reasons for weakness in competitive power were the marketing system, price competitiveness, and advertisement. The trademark registration of the traditional liquor appeared with 53%. The reasons not to pursue a trademark registration included the complicated and unnecessary process of registration acquisition, high registration expenses, etc. The perceptions of CEOs about the consumer's brand awareness for their product were low with an average 2.97. Explanations included insufficient advertisement and public relations, unrefined trademark design, and the meaninglessness of brand names. The marketing strategy of traditional liquor manufacturers according to annual sales were as follows: Manufacturers with high sales emphasized marketing strategies that focused on functional character, traditional image, high quality in image and package materials and design, high price strategies based on quality, and various sale promotions.

• 한국지역사회생활과학회지
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• 제17권4호
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• pp.113-125
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• 2006

The purpose of this study was to analyze the status of intellectual property rights and developmental direction for brands of special rural products in Korea. The data was derived from 166 special rural products in Korea. The major results of this study were as follows: Enterprises having intellectual property rights above one were Traditional soybean sauce 18(56.2%), Hangwa 15(42.9%), Kimchi 18(43.9%), Traditional tea 20(80%) and Crafted products 10(31.3%), respectively. Enterprises acquiring designation and certification due to national and local autonomous entities over one were Traditional soybean sauce 17(56.7%), Hangwa 23(63.9%), Kimchi 33(80.4%), Traditional tea. 13(52%), and Crafted products 20 (62.5%), respectively. The trademark registration of special rural products was invested with total 62 cases(37.3%) as Traditional soybean sauce 14(43.7%), Hangwa 15(41.7%), Kimchi 17(41.5%), Traditional tea. 12(48%) and Crafted products 4(12.5%). And Patent registration 39 cases(23.5%), design registration 32 cases(14.5%), and utility model registration 5 cases (3.01%) were invested respectively. It was shown that, where the origin of brand names was a proper non 107 were things(53%), 39 were materials(19.3%), 17 were the production method(8.41 %) and 55 were a composite trademark(33.1%).

• 무역상무연구
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• 제13권
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• pp.1013-1032
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• 2000

At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.

• 한국IT서비스학회지
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• 제15권3호
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• pp.1-14
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• 2016

According to the growing importance of science and technology policy, investment in research and development (R&D) has been increased. In this context, a patent as one of outcome of firm's systematic R&D investment is the way to hold a dominant position in companies' technology competitiveness and also to protect technology right. This study attempts to find the effects of input resources and intellectual property production activity on company value. It conducted empirical analysis based on 238 KOSDAQ-listed and medium-sized firms. Using the previous research, this study configurated research variables about activity of patent production, company value, and input of resources. Through these variables, it aims to know the effect of input of resources and activity of patent production on company value. First, the result of regression analysis shows that R&D cost has the positive effect on a patent production and sales promotion cost positively affects on the registration of the trademark. Second, the output of regression analysis indicates that a patent has the positive effect on company value but a trademark has not. With regard to the input of resources, R&D cost has the influence on company value but sales promotion cost has not. This study attempts to find the effectiveness of company's intellectual property registration on its value and suggests a way that the systematic R&D investment contributes the growth of company value.

• 농촌지도와개발
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• 제15권1호
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• pp.23-47
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• 2008

The purpose of this study was to analyze intellectual property right status and brand origin of traditional liquor. The data were derived from the brand of 385 traditional liquor species in Korea. The major results of this study were as follows: 1) The management types of traditional liquor were classified into three categories, namely; individual 27(0.74)%, stock company 304(78%) and corporation or union 38(9.8%). 2) Among 385 traditional liquor species, 102(26%) got the trademark registrations and 129(34%) were in the process of trademark applications, while 154(40%) were unregistered brands. 3) The origin of 187(48.6%) brands used the material names such as fruits, rices, trees, roots and flowers, while 176(45.6%) brand used proper noun such as mountain, distinction, rivers etc.. 4) The designation certification status of traditional skill possessor according to national and local autonomous entity were; intangible cultural assets 42 people, master craftsman 28 persons, and provincial intellectual property 16 persons.