This study aims to put together key discussion issues relating to the debate on intellectual property rights between developed and developing countries, and suggest how Korea needs to address these issues. Many developed countries are leading the negotiations for the establishment of a set of multilateral standards and norms relating to the trade-relevant intellectual property right provisions within GATT by presenting their own interests and standpoints, without being able to come to a consensus on how and with whom the negotiations should unfold. And developing countries argue that such movement is in violation of the spirit of trade negotiation; they insist that the intellectual property right negotiations, and GATT’s relevant regulations, should be simplified and made much clearer by strictly addressing the issue of counterfeit trading, without offering more specific information. Practically speaking, developed countries seek the maximization of profits generated by the intellectual properties they create, and developing countries seek the maximum exposure and usage of these properties; smooth progress with the negotiation is highly unlikely.
Korea’s recent amendment of its intellectual property right law has made it one of the countries that fiercely protect it. Consequently, Korea is ready to incorporate almost all the measures suggested by developed countries during the Uruguay Round negotiation. This means that even if the international norm is set as suggested by developed countries, Korea would not need to further amend its domestic intellectual property right law. For Korea, it is more advantageous to further strengthen the protection of intellectual property and have as many parties as possible take part in the negotiations. This will not only protect Korea’s intellectual properties from other countries with relatively less developed technology but also resolve trade conflicts with the EC and Japan relating to the US Trade Law Article 301 (Korea – US Intellectual Property Right Agreement) that offers special administrative act application for the US.
The negotiations need to be approached with the original objective of intellectual property right in mind. First, the level of protection for intellectual property needs to be agreed upon to simultaneously maximize the right of both the creator and user. Then, the means to prevent the abuse and/or misuse of the right needs to be discussed.
지적소유권보호의 현황과 우루과이라운드협상의 대응자세(Intellectual property right protection & response to Uruguay Round negotiation)
|Series Title; No||정책연구시리즈 / 88-12|
|Subject Country||South Korea(Asia and Pacific)|
|Subject||Economy < Trade|
|Holding||KDI; KDI School|