부분디자인의 유사판단

• 영문명: A Case Study on Similar judgment of partial design
• 발행기관: 세창출판사
• 저자명: 전성태(Seong Tae Jeon)
• 간행물 정보: 『창작과 권리』2017년 겨울호 (제89호), 2~33쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.12.01

영문 초록

This article is that interprets Japanese precedent on how to judge infringement of partial design. It is very important to judge the identity and similarity of two designs in design infringement judgment. Particularly, it has been questioned how to evaluate the location, size, and range in the main characteristic parts of the partial design. When filing a partial design, you must specify the part of the design that you want to protect as the design registration. The way to specify is to write and list them in the design description. A general method is to write a solid line for design registration, and a broken line for other parts. In case of partial design, the description of the broken line part can not be omitted. The description of the broken line is for being in any position of the portion of the whole product for which the design registration is want to be protected. It is the ‘form of part of the article’ which is recognized as the constitution of partial design. The cause of aesthetic in the form of ‘other parts’ is not directly assessed. Items related to design can not be said to be direct components and Location is not a constitution of partial design. Therefore, the main part of the design is recognized in the form of the part of the article. It is considered that the position, which is not the shape of the part of the article, is not evaluated as the main part of the partial design. Therefore this paper explains how the location, size, and range of partial designs affect design identity and similarity judgments.

목차

Ⅰ. 사실관계

Ⅱ. 법원의 판단

Ⅲ. 해설

Ⅳ. 본 판결의 검토

참고문헌

Abstract

키워드

부분 디자인 용도 기능 위치 크기 동일·유사 partial design purpose function location size identity and similarity