earticle

영어

Trademark Law Treaty(TLT) which concluded in 1994 has sought the simplification of application and registration, and ensured better protection of trademark. The TLT has harmonized trademark laws which had varied in several national and regional jurisdictions. Even with harmonization efforts, there are some flaws in the TLT; formalities than substantive requirement, conventional methods in transmittal of communications, the lack of provision in case of failure to comply with time limit, and poor administrative provisions. For the concrete and practical harmonization, the work conducted by World Intellectual Property Organization (WIPO) presents in Draft Revised TLT(Draft Revised). This study focuses on two provisions; communications(Article 8) and measures relating to time limit(Article 14) among the revised Articles and Rules. The former is based on keeping pace with developments in telecommunications, the latter is on the better protection for the applicants and/ or the holders. These provisions aiming at the concrete harmonization and simplification of Draft Revised might be applied to existing Korean Trademark Act, if Draft Revised is concluded at WIPO Diplomatic Conference in 2006. The discussions to adoption of Draft Revised and its reception to Korean Trademark Act are key work for heading towards newly emerging framework of worldwide trademark protection. Consequently, the opinions and their debates in the view of further development along with this study would lead to adjust new measures of the trademark protection and the setting between national and international trademark law.