지식재산 분야의 대체적 분쟁해결제도에서 온라인 분쟁해결절차의 도입방안

It is difficult to resolve disputes over intellectual property rights quickly and efficiently using traditional litigation procedures alone. Therefore, alternative dispute resolution (ADR), such as mediation, arbitration, and negotiation, that can lead to quick and comprehensive conclusions without regional restrictions, can be an appropriate means for resolving intellectual property disputes. However, the alternative dispute resolution system in the field of intellectual property is not very active. There are two reasons for inactivation. First, in spite of the international nature of disputes over intellectual property rights and the recent COVID-19 incident, the alternative dispute resolution system in the domestic intellectual property field basically requires attendance at the mediation date. Second, although disputes over intellectual property rights will often target multiple intellectual property rights, the current alternative dispute settlement system in the field of intellectual property in Korea is divided into fragments of organizations responsible for dispute resolution by intellectual property rights. Therefore, it is necessary to introduce a full-scale online dispute resolution process and to integrate alternatively divided dispute resolution procedures. The alternative dispute resolution system unique to the field of intellectual property is led by an administrative agency. But the committees belonging to the administrative agency, such as The Industrial Property Dispute Resolution Committee, The Korean Copyright Commission, only accept some online mediation applications, and most don’t have online dispute settlement procedures. Meanwhile, WIPO Arbitration and Mediation Center provides eADR services for online dispute resolution procedures, and the US Smartsettle program provides online dispute resolution procedures in the private sector, and Canadian Civil Resolution Tribunal conducts online trial for a minor cases. With reference to such foreign cases as above, an integrated online dispute resolution procedure platform should be prepared. Considering the time and cost, it is possible to consider how to utilize the Korean court electronic litigation program. The parties apply for mediation through the above program, and the committee belonging to the administrative agency proceeds with the mediation procedure in the above program in accordance with the procedure. On the other hand, about the introduction of artificial intelligence technology, Weak AI, which investigates, collects, and analyzes big data on a specific topic, will need to be utilized, which will need to be monitored for future technology development and conditions.

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