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A Study on the infringement and Remedies in Korean Copyright Act.

  • DONG-A LAW REVIEW
  • 2017, (74), pp.119-138
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : December 28, 2016
  • Accepted : February 22, 2017
  • Published : February 28, 2017

Kye, Seung-Kyoon 1

1부산대학교

Accredited

ABSTRACT

As in other property rights law areas, it is important that intellectual property rights holders must be protected if intellectual property rights are violate by others. The key to the education of property rights is also considered to be here. The most important remedies for infringement of intellectual property rights are the exercise of infringement claim and compensation for damages. The right to claim for infringement of intellectual property rights is meaningful because it appears to be a modified form of the right of intellectual property right in the civil law according to the contents of the right of intellectual property law, but it is considered to be the same as property right protection means in its essence. In this paper, regarding the requirements relating to the infringement claim will be reviewed the subject-matter, legal nature, such violators. In addition, the copyright law does not have a system of exclusive right, unlike the patent law and the trademark law. Therefore, we can not exercise the right to demand prohibition. And one thing that is sad is that there is not much research on this subject yet. It is considered that research on this field should be continued.

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