지명표장 보호법제 (지리적 표시 포함 | 양장본 Hardcover)

이규호

현중앙대학교법학전문대학원교수
현차세대콘텐츠재산학회회장
현국제문화재법연구회회장
현한국정보법학회수석부회장
현한국게임법학회부회장

〈주요저술〉
이규호,『저작권법-사례·해설-(개정5판)』,진원사,2015년
이규호,『특허법-사례·해설-(제3판)』,진원사,2015년
최정열/이규호,『부정경쟁방지법-영업비밀보호법제포함-』,진원사,2015년
이규호,『지식재산권법강의』,진원사,2013년
JamesMaxeiner,GyoohoLee,andArminWeber,FailuresofAmericanCivilJusticeinInternationalPerspective(Aug.2011)(CambridgeUniversityPress)
GyoohoLee,LegalIssuesonFOSSandOtherAlternativeLicensesinKorea,inAxelMetzgered,FreeandOpenSourceSoftware(FOSS)andOtherAlternativeLicenseModels:AComparativeAnalysis(Springer,2016)등다수

제1장서론
제1절연구의목적및필요성·····················································3
제2절지리적표시제의경제적영향··········································5
제3절지리적표시와상표와의관계··········································6

제2장국제조약및국내이행입법의현황
제1절다자간국제조약상지리적표시의보호···························9
제2절양자간자유무역협정상지리적표시의보호··················14
Ⅰ.한미자유무역협정··························································14
Ⅱ.한-EU자유무역협정························································20
제3절지리적표시관련양자간자유무역협정의국내이행
입법의필요성및현황···························································30
Ⅰ.필요성·············································································30
Ⅱ.현황··············································································31

제3장각국의입법례
제1절유럽연합·········································································37
Ⅰ.의의·············································································37
Ⅱ.개념정의·········································································37
Ⅲ.유럽연합규칙의적용범위················································42
Ⅳ.법적효과·········································································44
Ⅴ.원산지명칭및지리적표시의보호·································44
Ⅵ.지리적표시단체표장및지리적표시증명표장·············46
Ⅶ.사례··············································································50
제2절프랑스의원산지명칭제도··············································52
제3절미국에있어지리적표시단체표장및지리적표시
증명표장의보호····································································54
Ⅰ.의의··············································································54
Ⅱ.상표법체계를통해지리적표시를보호하는것의장점······56
Ⅲ.내용··············································································57
제4절일본의지명상표제도····················································72
Ⅰ.지명상표의의의······························································72
Ⅱ.지역단체상표···································································73

제4장우리나라농수산물품질관리법상지리적표시의보호
제1절의의···········································································87
제2절현황············································································88
제3절실체적등록요건···························································89
Ⅰ.주체의요건·····································································89
Ⅱ.해당품목의품질특성요건············································89
Ⅲ.해당품목의품질특성과특정지역과의밀접연관성요건····90
Ⅳ.객체요건·········································································92
Ⅴ.지리적표시대상지역의범위요건(법률에규정할필요가있음)··················································································92
Ⅵ.해당품목우수성의주지요건및역사성요건(법률에규정할필요가있음)·····························································93
Ⅶ.자체품질기준요건(법률에규정할필요가있음)················94
제4절거절사유·········································································95
제5절이의신청·········································································96
제6절지리적표시권································································97
제7절무효심판·········································································98
제8절취소심판·········································································99
제9절보호기간·······································································100
제10절소결········································································101

제5장우리나라상표법상지명표장제도(지리적표시제도포함)
제1절의의···········································································105
제2절지명표장(지리적표시포함)의실체적등록요건···········106
Ⅰ.자타상품식별력이없는상표·········································106
Ⅱ.사용에의한식별력(상제33조제2항)·····························141
Ⅲ.지리적표시단체표장내지지리적표시증명표장에
관한실체적등록요건····················································151
제3절법률상등록을받을수없는상표(상표의부등록사유)······152
Ⅰ.의의········································································152
Ⅱ.내용········································································152
제4절상표권의효력·····························································160
제5절상표법상지리적표시제도···········································163
Ⅰ.도입배경·······································································163
Ⅱ.지리적표시단체표장(상제2조제1항제6호)··················163
Ⅲ.지리적표시증명표장····················································219
제6절소결···········································································223

제6장우리나라부정경쟁방지법상지리적표시의보호
제1절의의···········································································227
제2절원산지허위표시··························································227
Ⅰ.의의및연혁··································································227
Ⅱ.원산지거짓표시행위(부정경쟁방지법제2조제1호라목)················································································230
Ⅲ.이조문을서비스에유추적용할수있는지여부···········237
제3절출처지(생산·제조또는가공된지역)오인유발행위
(부정경쟁방지법제2조제1호마목)·········································241
Ⅰ.제도의취지···································································241
Ⅱ