지적재산권 침해 증거의 효율적인 취득 방안에 관한 일고

A brief study on the effective means of obtaining IP rights infringing evidence

In terms of all the forms of intellectual property, the question of obtaining evidence is very importance. 'EU IP Rights Enforcement Directive'(2004/48/EC) says that "Given that evidence is an element of paramount importance for establishing the infringement of intellectual property rights, it is appropriate to ensure that effective means of presenting, obtaining and preserving evidence are available." For the purpose of effective protection of IP rights, this paper proposes that new effective means of obtaining IP rights infringing evidence should be introduced into Korea. When establishing a new scheme, the article 7 of EU Enforcement Directive, Saisie-contrefaçon of France, Search order(Anton Piller order) of UK are good examples.