지적재산권 범죄 처벌법규의 개정과 관련된 쟁점 고찰

Abstract

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. The free trade agreement signed in 2011 by the European Union and in 2012 by United States contains many clauses of criminal procedures and remedies: Each Party shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright or related rights piracy on a commercial scale. Each Party shall treat willful importation or exportation of counterfeit or pirated goods as unlawful activities subject to criminal penalties. each Party shall provide penalties that include sentences of imprisonment as well as monetary fines sufficient to provide a deterrent to future infringements, consistent with a policy of removing the infringer’s monetary incentive. Each Party shall further encourage judicial authorities to impose those penalties at levels sufficient to provide a deterrent to future infringements, including the imposition of actual terms of imprisonment when criminal infringement occurs for purposes of commercial advantage or private financial gain. But, we pointed out some problems in the process of FTA and we should find the improvements of Intellectual property laws. There are some fundamental questions of the need for legal protection according to intellectual property rights and some questions of whether you need legal protection for the necessary logic to see its limitations. Penalties should be applied at least in cases of willful trademark counterfeiting or copyright or related rights piracy on a commercial scale. Criminal infringement of intellectual property rights on the more narrow range of interventions that can reasonably be called. Whether criminal violations of intellectual property rights should regulated as crime subject to victim's complaint or not, it is determined according to the nature of the crimes. Agent or legal representative of the legal entity should be strictly punished by incentives encourage actions. And we should be clearly defined the scope of the legislation to the scope of the disposal claims.