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KCI등재 학술저널

패션산업의 분쟁 유형에 따른 중재적합성

Suitability of Arbitration Regarding Types of Disputes in the Fashion Industry

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The fashion industry has been growing in Korea, but the law and the dispute resolution have been less than effective so far. Copyright and patent law have proven only minimally effective in fashion, ending up with designers and fashion companies relying on their trademarks to protect their design. Litigating trademark disputes in the fashion industry presents a host of problems and leads to resorting to the Alternative Dispute Resolution (ADR). ADR methods, especially arbitration, however, are emerging as substitutes to litigation. Using these methods, the fashion industry should sincerely consider a self-regulating program in which its members—both fashion designers and corporations alike —can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry s growth, solidarity, and esteem. From 2016, KCAB’s Fashion Industry Dispute Advisory Committee (FIDAC) for ADR has promoted a better solution for disputes in the fashion industry. Therefore, stakeholders in the fashion industry should commit to procuring innovation in fashion on a long-term basis by establishing a panel handling an alternate dispute resolution process. The ADR process can mitigate the uncertainty created by relevant legislation or any other disputes, which could result in shying away from any business in the fashion industry.

Ⅰ. 서 론

Ⅱ. 분쟁 유형 분류의 기준 선정

Ⅲ. 패션산업 분쟁의 유형별 분석

Ⅳ. 분쟁 유형별 중재적합성

Ⅴ. 결 론

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