디자인의 동일 또는 유사 여부 판단

• 영문명: Determining whether a design is same or similar with another
• 발행기관: 세창출판사
• 저자명: 박종학(Jong Hak Park)
• 간행물 정보: 『창작과 권리』2010년 가을호 (제60호), 79~108쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.09.01

영문 초록

Modern society is product-oriented one. Various products that are manufactured and sold stimulate consumers' desire. Hence, the manufacturer tries to make products that are equipped with beautiful appearance as well as excellent quality and functions. For consumers, who want to express their personalities through their products as a total fashion, regards a design on their products as an important decision factor for buying the products. This design is created from constant research and efforts, not naturally. Strong legal protection for the design is required because the design, which is difficult to be created, is easy to be copied. Therefore, design protection law tightly protects an issued design: applied designs which is same and similar with publically-known, publically-used ones are denied due to lack of novelty. In this context, it is important legal issue to determine whether the compared designs are same or similar each other because this sameness or similarity is used when determining novelty of design, pre-application, expanded pre-application. Also, they are used when determining the scope of the issued design's right and protection. It is highly important to legal theory and solution for legal dispute to study on the criteria of design's sameness and similarity, which is the most important factor for design protection. In addition, more understanding for new cases is required in the legal system of design protection law and intellectual property law. Also, more leading cases, which do not harm legal stability and seek detailed plausibility, are needed to be settled.

목차

Ⅰ. 서론

Ⅱ. 디자인의 동일 또는 유사 여부에 관한 일반적인 판단기준

Ⅲ. 디자인의 동일 또는 유사 여부에 관한 유형적 고찰

Ⅳ. 결어

참고문헌

Abstract

키워드

디자인권의 권리범위 디자인의 동일 또는 유사 선출원 공지ㆍ공용 the scope of the issued design's right design's sameness and similarity novelty publically-knownㆍpublically-used