한ㆍ중 저작인격권의 비교와 통상협력과제

The Korea-China FTA : Are the moral rights of the author Addressed?

The purpose of addressing intellectual property rights under the Korea-China FTA is to minimize illegal distribution and to promote a healthy environment for intellectual property rights. As Korea s largest trading partner, China s cooperation under the principles of reciprocity regarding intellectual property rights is important. This study compares the similarities and differences between Korea and China in terms of how the moral rights of the author within intellectual property rights are seen. The study then analyzes and presents the major items that will have to be reflected onto the agenda for discussion of FTA follow-up measures and pre-signing. The analysis shows that in the trade of cultural content with China, flexibility needs to be applied to the moral rights of authors. The Chinese intellectual property law, too, has several articles that are insufficient in reflecting the socio-economic changes of recent years both at home and abroad. Some of the tasks that will have to be addressed include the protection period of intellectual property rights, mutual recognition of the moral rights of authors and active application of authentication services for intellectual property rights. These items had not been specified in the Korea-China FTA and will have to be stipulated within the framework of trade cooperation. In terms of trade practice, keen attention is required for the right to the integrity of the work, the right to claim authorship of the work and the valid period for which the works were established abroad.