earticle

영어

There is no need to limit the scope of the intellectual property by its meaning of the word, as the concept of the intellectual property is continually expanding. At first, we can find common features of the intellectual property. It might be one method to define intellectual property by above-mentioned features. The concept of the information can be utilized by this method. On the other hand, the subject matter to be protected by intellectual property right is increasingly expanded to the output resulted from the investment. However, the rationale of public domain would be jeopardized when the non-creative works are protected by intellectual property right only because of the investment. To solve the problem, it is required new concepts for the output incurred by investment separated from the subject matter of the Copyright. In this study, the concept of "platform", which is distinguished with contents as the new area of subject matter for the intellectual property is employed for providing the new concepts. I suggest that the output resulted from the investment should be taken into consideration as the Platform, and then platform should be protected by the neighboring right system. In conclusion, it is not justified to grant the intellectual property right unless the public interests are created. The legal protection system of intellectual property should be designed in the view of maximizing the public interest, not considering the natural right of the creator or inventor of intellectual property.