earticle

영어

This is the paper on East Asia Economic Cooperation and Intellectual Property Law Harmonization. The close cooperation among Korea, China and Japan is being made steady progress. In near future east asia will be closer than now. At that time the different Intellectual Property system will hinder the economic relation and cooperation. So the harmonization of IP system is necessary. This is how to achieve that goal. They say that there are four forms of harmonization: EU, NAFTA, TRIPs-plus, Mutual exhortation. (1) EU type: The most extreme form is full policy harmonization, in which all members adopt the same standards. This is the stated goal of European Union in IPRs, toward which considerable progress has been made. (2) NAFTA type: Second is to commit to high minimum standards, which may exceed the standards set out in TRIPs, but not to achieve harmonization. (3) TRIPs-plus type: Third is to adopt somewhat lower standards that are consistent with TRIPs but again allow policy divergence. (4) Mutual exhortation type: Finally, there is the approach based on mutual exhortation to proceed as is appropriate to each nation, without formal negotiations on IPRs. When closer than now, EU system will be the ideal form in East Asia. So this paper study EU system. But even though we want the EU type, the time and adequate step is needed. This paper propose the three step. First is the substantive law harmonization, second the adjective law harmonization, third the structural law harmonization.