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시리즈 : 지식재산연구총서 [12]

이규호 저 | 세창 | 2016년 11월

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ISBN : 9788992957786 / 308쪽 161 x 231 (㎜) / 양장본

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<학력> 　


   - 연세대학교 법과대학 법학사
　- 연세대학교 법과대학 법학석사
　- 미국 University of Washington School of Law (Seattle, WA), LL.M.
　- 미국 Washington University School of Law (St. Louis, MO), J.S.D.
　- 미국 Georgetown University Law Center, Visiting Researcher
　- 미국 Washington University School of Law, Visiting Scholar

<경력>
현> 중앙대학교 법학전문대학원 교수
　　중앙대학교 법학전문대학원 대외협력부원장
　　중앙대학교 법학전문도서관장
　　중앙대학교 전문법학박사과정(SJD) 주임교수
　　차세대 콘텐츠 재산학회 회장
　　국제문화재법연구회 회장
　　한국정보법학회 수석부회장
　　한국게임법학회 부회장
　　한국국제사법학회 연구이사
　　대법원 국제규범연구위원회 위원
　　국회한류연구회 자문위원
　　대한상사중재원 중재인
　　서울중앙지방법원 조정위원
　　지식재산 미래전략위원회 위원
　　중소기업기술분쟁조정・중재위원회 위원
　　중국 위해중재위원회 중재인
　　대한변호사협회 변호사연수원 운영위원
　　대한변호사협회 지식재산연수원 운영위원
　　한국저작권법학회 이사
　　한국지식재산학회 이사
　　한국중재학회 이사
　　한국문예학술저작권협회 부회장
　　한국복제전송저작권협회 이사
　　세계국제법협회 국제지식재산권법위원회 위원
　　행정자치부 정부 3.0 민간자문단 자문위원
　　행정자치부 지자체합동평가 평가지표개발T/F 위원
　　AIPPI Standing Committee on Geographical Indications 위원
　　ACHS ICH(무형문화유산) Network Committee 위원
　　International Academy of Comparative Law 회원
　　International Association of Procedural Law 회원
　　American Society of Comparative Law 회원
　　세계국제법협회 한국지부 이사
　　국제법연감 편집이사
　　중앙대학교 법학연구원 문화･미디어･엔터테인먼트법연구소 소장 겸 편집위원장
　　중앙대학교 법학전문대학원 교무부원장
　　한국민사소송법학회 연구이사/재무이사/총무이사/국제관계부회장
　　한국국제사법학회 총무이사
　　국제문화재법연구회 총무이사
　　법무부 규제심사위원회 위원
　　저작권선진화포럼 운영위원회 위원
　　사법시험, 행정고시, 변리사시험, 감정평가사시험, 공인노무사시험 위원
　　NCP 포럼 운영위원회 위원 역임

목차

목차
제1장 서 론
제1절 연구의 목적 및 필요성 ····················································· 3
제2절 지리적 표시제의 경제적 영향 ·········································· 5
제3절 지리적 표시와 상표와의 관계 ·········································· 6
제2장 국제조약 및 국내이행입법의 현황
제1절 다자간 국제조약상 지리적 표시의 보호 ··························· 9
제2절 양자간 자유무역협정상 지리적 표시의 보호 ·················· 14
Ⅰ. 한미 자유무역협정 ·························································· 14
Ⅱ. 한-EU 자유무역협정 ························································ 20
제3절 지리적 표시 관련 양자간 자유무역협정의 국내이행
입법의 필요성 및 현황 ··························································· 30
Ⅰ. 필요성 ············································································· 30
Ⅱ. 현 황 ·············································································· 31
제3장 각국의 입법례
제1절 유럽연합 ········································································· 37
Ⅰ. 의 의 ············································································· 37
Ⅱ. 개념 정의 ········································································· 37
Ⅲ. 유럽연합규칙의 적용범위 ················································ 42
Ⅳ. 법적 효과 ········································································· 44
Ⅴ. 원산지명칭 및 지리적 표시의 보호 ································· 44
Ⅵ. 지리적 표시 단체표장 및 지리적 표시 증명표장 ············· 46
Ⅶ. 사 례 ·············································································· 50
제2절 프랑스의 원산지명칭제도 ·············································· 52
제3절 미국에 있어 지리적 표시 단체표장 및 지리적 표시
증명표장의 보호 ···································································· 54
Ⅰ. 의 의 ·············································································· 54
Ⅱ. 상표법 체계를 통해 지리적 표시를 보호하는 것의 장점 ······ 56
Ⅲ. 내 용 ·············································································· 57
제4절 일본의 지명상표 제도 ···················································· 72
Ⅰ. 지명상표의 의의 ······························································ 72
Ⅱ. 지역단체상표 ··································································· 73
제4장 우리나라 농수산물품질관리법상 지리적 표시의 보호
제1절 의 의 ··········································································· 87
제2절 현 황 ············································································ 88
제3절 실체적 등록요건 ··························································· 89
Ⅰ. 주체의 요건 ····································································· 89
Ⅱ. 해당품목의 품질 특성 요건 ············································ 89
Ⅲ. 해당 품목의 품질 특성과 특정지역과의 밀접연관성 요건 ···· 90
Ⅳ. 객체 요건 ········································································· 92
Ⅴ. 지리적 표시 대상지역의 범위 요건(법률에 규정할 필요가 있음) ·················································································· 92
Ⅵ. 해당 품목 우수성의 주지 요건 및 역사성 요건(법률에 규정할 필요가 있음) ····························································· 93
Ⅶ. 자체 품질기준 요건(법률에 규정할 필요가 있음) ················ 94
제4절 거절사유 ········································································· 95
제5절 이의신청 ········································································· 96
제6절 지리적 표시권 ································································ 97
제7절 무효심판 ········································································· 98
제8절 취소심판 ········································································· 99
제9절 보호기간 ······································································· 100
제10절 소 결 ········································································ 101
제5장 우리나라 상표법상 지명표장제도(지리적 표시제도 포함)
제1절 의 의 ··········································································· 105
제2절 지명표장(지리적 표시 포함)의 실체적 등록 요건 ··········· 106
Ⅰ. 자타상품식별력이 없는 상표 ········································· 106
Ⅱ. 사용에 의한 식별력(상 제33조 제2항) ····························· 141
Ⅲ. 지리적 표시 단체표장 내지 지리적 표시 증명표장에
관한 실체적 등록요건 ···················································· 151
제3절 법률상 등록을 받을 수 없는 상표(상표의 부등록사유) ······ 152
Ⅰ. 의 의 ···························

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