부정경쟁방지법상 형태모방상품 제공행위의 ‘모방’의 범주에 관한 연구 — 일본에서의 용례를 중심으로 —

초록

Unfair competition by copying of feagures is regulated by the Unfair Competition Prevention Act in Korea. Korean Unfair Competition Prevention Act was modeled by Japanese. For this reason, Japanese literature is often cited in the study of imitating forms from other one's products. Regarding the category of 'imitation', which is the most important term the provision, the Korean and Japanese literatures using almost same terminology, but the usage is not uniform. The meaning of the legal terms, which affects the scope of regulation, requires a more strict and precise understanding. Therefore, as the term 'imitation' is used in the legal text of the Act, rather than the 'same or similar', it is crucial to understand the concept of 'imitation'. This article focuses on the use of the terms 'imitation' in Japan, as Japanese literature is often cited in studies on the meaning of 'imitation' in Korea. The meaning of 'imitation' accumulated by judicial cases, and the German Unfair Competition Act referenced by Japanese, is summarized that there are two types of 'imitation' that use the performance of others to regulate the provision of imitation products, centered on the presence or absence of modification.

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