지적재산법과 기술의 긴장관계 ―IT 기술발전에 따른 저작권법의 대응을 중심으로―

Abstract

In this information-oriented era, the role of intellectual property law is to enrich the human life with promoting the growth in both quality and quantity. Technology is a valuable information by itself, and it basically satisfies the purpose of intellectual property law because development of technology is capable to enhance the value of information. Despite above, appearance of newer intellectual properties due to the development of technology and the alteration of use environment constantly change the conditions of current intellectual property law, and complicate the adaptation of the law. This environment in the field of intellectual property law inevitably continues while it constantly adapts the changes from the development of technologies. Instantly, development of technology sometimes excessively expands the scope of control on information usage in the intellectual property law which seeks the balance of provider and user, and sometimes it incapacitates the existence of intellectual property law and brings remarkable disparity between the provider and the user. It is inevitable, however, the conflict between technology and the law at the field of intellectual property law even from now on. In the perspective that technology itself is value-neutral while it can be misconducted, and under the basic rule that legislation should neither prohibit development of technology nor reject the benefits from it, the legislation, after all, should be changed adaptively to development of technology.