건축설계창작물에 대한 새로운 보호 방안

• 영문명: New Protection Method for Architectural Design Creation
• 발행기관: 원광대학교 법학연구소
• 저자명: 박진아(Park Jin A)
• 간행물 정보: 『원광법학』제29권 제2호, 213~240쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.06.30

영문 초록

The field of architecture lies at the intersection of the sciences and the arts, employing a combination of engineering and artistry, functionality and design. Because of their integrated characteristics of being utilitarian, functional as well as artistic, at present, no intellectual property protection method provide completely satisfactory protection to architectural design creations. Therefore, architectural design creations should have sui gerneris protection and there is a need to establish a new requirement for protection and protection period etc. to satisfy their sui gerneris characteristics. My aim in this article is to search an adequate and effective method for protecting architectural design creations. For this purpose, firstly, I will address definition and characteristics of architectural design creations. Secondly, I will deal with legislations and international norms for protecting architectural design creations, and, thirdly, I will review protection methods for architectural design creations and problems thereof. Fourthly, furthermore, with regard to protection of architectural design creations, I will propose new rules for adequately and effectively protecting architectural design creations. If artistic and functional architectural design creations are protected adequately, architects might be motivated for greater creativity, and they would be rewarded for their architectural design creations. Finally, I expect this article will become a starting point to be of any assistance in establishing special law for protection of architectural design creations.

목차

Ⅰ. 서론

Ⅱ. 건축설계창작물의 개념 및 특징

Ⅲ. 건축설계창작물 보호에 관한 국제규범과 입법례

Ⅳ. 건축설계창작물의 "기능미"에 대한 보호방법의 검토

Ⅴ. 입법적 제안 및 결론

참고문헌

ABSTRACT

키워드

건축설계창작물 건축설계디자인 특별법적 보호 기능미 특허권 저작권 디자인권 architectural design creations sui gerneris protection beautility patent right copyright design right