@article{ART002156494},
author={Kim Sung Ryul},
title={Constitutional Issues on Intellectual Property Rights},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2016},
volume={4},
number={2},
pages={130-150}
TY - JOUR
AU - Kim Sung Ryul
TI - Constitutional Issues on Intellectual Property Rights
JO - Legal Theory & Practice Review
PY - 2016
VL - 4
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 130
EP - 150
SN - 2288-1840
AB - Intellectual property rights must be protected. However, one-sided strengthening of protection of the intellectual property rights system can contradict human rights regulations in the Constitution such as academic freedom, freedom of art, and freedom of speech in the Constitution, and close attention needs to be paid.
One reason is that the intellectual property rights system does not only pursue protection of rights of the intellectual property rights holder but also intends to cause creative motivation by providing proper compensation for mental and physical creative activities to the author and to promote development of culture by allowing the general public to properly use that. Another reason is that a public interest of improvement and development of popular culture must be considered while protecting the rights of the author in order to let the intellectual property rights and the basic human rights regulations in the Constitution be in harmony.
Therefore, it is viewed that wisdom is needed to actively use the concept of fair use, which is to properly compensate for the rights of the author with appropriate compensation policies and to let the general public use that legitimately, and to interpret the basic human rights regulations in the Constitution and the intellectual property rights system in harmony.
KW - Intellectual Property Rights;Human Rights;Academic Freedom and Freedom of Art;Freedom of Speech;Fair Use.
DO -
UR -
ER -
Kim Sung Ryul. (2016). Constitutional Issues on Intellectual Property Rights. Legal Theory & Practice Review, 4(2), 130-150.
Kim Sung Ryul. 2016, "Constitutional Issues on Intellectual Property Rights", Legal Theory & Practice Review, vol.4, no.2 pp.130-150.
Kim Sung Ryul "Constitutional Issues on Intellectual Property Rights" Legal Theory & Practice Review 4.2 pp.130-150 (2016) : 130.
Kim Sung Ryul. Constitutional Issues on Intellectual Property Rights. 2016; 4(2), 130-150.
Kim Sung Ryul. "Constitutional Issues on Intellectual Property Rights" Legal Theory & Practice Review 4, no.2 (2016) : 130-150.
Kim Sung Ryul. Constitutional Issues on Intellectual Property Rights. Legal Theory & Practice Review, 4(2), 130-150.
Kim Sung Ryul. Constitutional Issues on Intellectual Property Rights. Legal Theory & Practice Review. 2016; 4(2) 130-150.
Kim Sung Ryul. Constitutional Issues on Intellectual Property Rights. 2016; 4(2), 130-150.
Kim Sung Ryul. "Constitutional Issues on Intellectual Property Rights" Legal Theory & Practice Review 4, no.2 (2016) : 130-150.
