게임의 유형별 그리고 구성요소별 법률관계의 검토 - 특허법 및 저작권법을 중심으로 -

• 영문명: A Legal Analysis of The Type and Factor of The Game - Focusing on Patent Law and Copyright Law -
• 발행기관: 충북대학교 법학연구소
• 저자명: 민경재(Min Kyoung Jae)
• 간행물 정보: 『과학기술과 법』제7권 제1호, 231~268쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.06.30

영문 초록

This paper is dealing to all the games from analog to digital game as the subject matter of intellectual property law, then dividing games into Sports and Board games, and Digital game which is a new term for ‘Game Industry Promotion Act’, and examining the three kinds of games by both patent law and copyright law. Studies show that rules of play of the general sports and the old board game are not subject matter of copyright and patent because they are idea and have nothing to do with the laws of nature. Meanwhile, the tools used in the sports or the old board game can meet the requirements for copyright, they will be recognized as copyrighted works, but they will be difficult to obtain patents for a loss of novelty. However, recently, newly invented a board game case, if the rules and tools of the board game can meet patent and copyright requirements, they can be protected. The paper suggests that in the case of sports such as the synchronized swimming, rhythmic gymnastics or figure skating, the performance should be copyrighted works because of its high entertainment and artistic feature, and in the case of board game of Baduk(go), espicially the record of baduk also should be copyrighted works because of having creativity and doing expression of player’s mind. In the case of digital games, basically the official website should be reviewed whether or not it can meet the criteria for the determination of compilation work,. At this time, common in the case of the same business there is layout or pattern, the website having similar design can not be copyrighted works. When Scenario, music, background pictures and clips of the game can meet the requirements we have established for copyrighted works, individual can be protected as copyrighted works. Especially the characters in the digital games can be described as an expression with the creativity, it will be recognized copyrighted works separately. Although some rules and tools for existing sports and board game are common, if somebody are adding additional rules through computer program, the made computer program can be included the subject matter of patent, So this paper suggests finally that review of inventive step under the Patent Office should be more strictly.

목차

Ⅰ. 들어가며

Ⅱ. 스포츠에 대한 법률적 검토

Ⅲ. 보드게임에 대한 법률적 검토

Ⅳ. 디지털게임에 대한 법률적 검토

Ⅴ. 마무리하며

참고문헌

Abstract

키워드

게임 스포츠 보드게임 디지털게임 e스포츠 바둑기보 피겨스케이팅 축구 캐릭터 저작권 특허권 game sports board game e-sports digital game the record of baduk soccer character copyright patent