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WTO 체제하에서 컴퓨터 소프트웨어의 보호와 권리침해구제
Protection and Remedy for Infringement of Computer Software under WTO System
이강빈(Kang Bin Lee)
UCI I410-ECN-0102-2009-320-006307832

For the purpose of protecting effectively the intellectual property rights on the world trade font, the WTO Agreement on Trade Related Aspects of Intellectual Property Rights provides that computer programs are protected as a kind of literary works, and databases are protected as a compilation. In Korea, computer programs are protected by the Computer Program Protection Law and databases are protected by the Copyright Law. In the United States, computer programs and databases are protected by the Copyright Act. This paper will research on the protection legislation, protection scope, protection duration and remedy for the infringement of computer software in the WTO Agreement on Trade Related Aspects of Intellectual Property Rights, Korea Computer Program Protection Law and Copyright Law, U.S. Copyright Act, and legal precedents. Finally this paper will make policy recommendations to avoid trade disputes due to the infringement of intellectual property rights between Korea and the United States. Since 1993, Korea has made a modest effort to strengthen its intellectual property right laws and enforcement of those laws. As a result, Korea was not placed on Special 301 foreign priority country list of the United States Trade Act. In order to prevent trade conflicts between Korea and the United States, Korea has to strengthen all the more the protection system of computer software. Also Korean laws for the protection of computer software should be revised and supplemented in conformity with provisions of the WTO Agreement on Trade Related Aspects of Intellectual Property Rights as much as possible.

[자료제공 : 네이버학술정보]
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