• 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.

• 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.

• 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.

• 한국실내디자인학회논문집
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• 제23권3호
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• pp.134-143
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• 2014

The protection of Design is very important issues in these days. Even though Interior Design is also one of important design sections, it is relatively unprotected by formal intellectual property laws, yet creativity and innovation flourish. The needs for protection of Interior Design have been creased. The aim of this study is to suggest the weakness of the system for protection of Interior Design. The proposed research is comprised of two themes. One is to research Acts related to protection of Interior Design. The second is to study the registered cases under the Design Protection Acts. These two theme is generated by the comparative review between ROK and U.S.A. Through these comparative results, this study propose some considerations for an effective protection for Interior Design. Design need to be registered in the hole image of the space not a partial element. The concept needs to be protected because it is more effective way to respond the copying. Exterior for facade and Interior Design need to be registered in one registration to use the protection system actively.

• 벤처창업연구
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• 제8권1호
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• pp.61-68
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• 2013

현대사회가 지식기반사회로 변화하면서 특허와 상표 그리고 영업비밀 등의 지식재산권과 저작권에 대한 관심과 중요성이 증가하고 있어 특허 정책과 전문 인력에 대한 새로운 변화가 요구되고 있다. 민간부문에서 개발된 기술이 원활히 거래되고 사업화되는 것을 촉진하기 위해 기술의 이전 및 사업화 촉진에 관한 법률을 마련하고, 동 법률 제14조에서는 기술거래사의 등록 육성 및 지원에 관한 사항으로 기술이전 및 사업화에 관한 전문지식이 있는 사람은 지식경제부장관에게 기술거래사로 등록할 수 있도록 하고 있다. 본 연구에서는 현재의 기술거래사 등록제도를 면밀히 검토해 보고 거래라는 관점에서 유사한 동질성을 가지고 있는 공인중개사 자격제도와 비교 검토하여 개선안을 도출해 보고자 하였다. 그 결과 기술거래사를 취득한 자만이 해야 만하는 업무 영역을 명시하여 전문가로서의 입지를 다질 수 있는 기반을 마련 해야하고, 등록증 관리 전담기관 위탁 운영을 통해 사후 관리 업무에 대한 매뉴얼 기준 마련해야 한다는 개선점을 도출하였다. 또한 공고 안을 작성할 때 공고의 필요성과 기술거래 사업을 위한 개설 등록기준을 마련할 필요성이 있다. 이러한 개선안을 통해 기술거래 시장 활성화에 동기를 부여하고 기술 마케팅과 기술이전 사업화의 저변 확대에 큰 영향을 미칠 것으로 기대한다.