개정 부정경쟁방지법에 대한 일고

A Study on the amended provisions of THE UNFAIR COMPETITION PREVENTION AND TRADE SECRET PROTECTION ACT

The Purpose of THE UNFAIR COMPETITION PREVENTION AND TRADE SECRET PROTECTION ACT('UCPA') is to maintain the order of fair trade by preventing the unfair competitive acts, such as unjustifiable use of other person's well-known trade marks and trade names in Korea and by preventing the infringements of other person's trade secrets. The 'UCPA' was amended recently by adding the provisions of supplementary general provision, the proof system of trade secret existence, the adjustment of penalty against the trade secrets infringement, the reporting awards system, etc. The highlight of this amendment is the adoption of the supplementary general provision against the misappropriation of the results of other's efforts. So the person whose business interests is injured or threatened by such acts may seek the court injunction and preventive order against that person, and also get the damage compensation. But in that case there is no criminal sanction. Only civil relief is permitted.