이른바 '히딩크 넥타이'의 도안의 저작물성

• 영문명: A Case Study on so-called "Hiddink Necktie" Case: Supreme Court Decision declared on the 22nd of July 2004, Case No. 2003 Do 7572.
• 발행기관: 세창출판사
• 저자명: 이상정(Sang-jeong Lee)
• 간행물 정보: 『창작과 권리』2006년 봄호 (제42호), 50~57쪽, 전체 7쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

Our supreme court declared that the design of so-called "Hiddink Necktie" is copyrightable. It contrast with the decision of "Daihan Textile" case. In that case the supreme court declared that 'Le Desire' and 'Le Basket'(the flower design which were registered in US Copyright Office) was not copyrightable in our copyright system. The reason is that those designs contain no artistic value or feature. But it is groundless. Anyway there- after the court denied the copyrightability of the industrial design in many cases even though the copyright act protect the applied art without limitation. In 2000 we revised the artistic works clause of copyright act(§4①ⅳ) like the US copyright act. That is the adoption of 'separability' test. In a sense the revised clause narrowed the scope of copyrightability of the applied art. But we regard it as granted that two-dimensional design is protectable under that clause. The Hiddink-Necktie court affirmed that the pattern of necktie design is copyrightable. From now on we suppose that two-dimensional design is apt to be protected by copyright law.

목차

Ⅰ. 사실의 개요

Ⅱ. 판결요지

Ⅲ. 해설

Abstract

키워드

applied art industrial design work of art separability test 'Hiddink-necktie' case 'Daihan textile' case