디지털 디자인의 보호 방안에 관한 연구 - 디자인의 물품성 개선을 중심으로 -

Abstract

This thesis examined the article requirement related to the protection of the design by dividing it into the necessity of the article requirement, the improvement of the definition of the article, and the adjustment with copyright. According to precedents, the current article requirement consists of physical independence, specificity, corporeal movable property, and legal independent transactions. Independence and specificity are meaningful as the existence and identification of article, respectively, so they are necessary to judge the article requirement and have no problem. However, corporeal movable property is a concept that is not in line with the times and needs to be realized. In addition, as can be seen in many precedents, independent transactions should be treated as the most important factor in determining article. In this direction, measures to improve the article requirement were reviewed. First of all, it was concluded that if only the part of corporeal movable property is currentized by the modern concept, there is no problem in article, most countries show the need for article requirment, and that maintenance of the article requirement allows the current legal system to maintain the appropriate extent of protection. Next, in relation to improving the definition of article, the corporeal movable property part of the requirements of the article should be improved, and considering the current and future situations, it was concluded that civil law objects including immovable and real estate are the most valid. In order to make independent transactions a key factor in determining the article requirement, independent transactions were judged in parallel with the article itself. Thus, article was defined as “independent and specific objects that can be traded.” Finally, in order to expand the scope of design protection, it is necessary to solve the problem of overlapping protection with copyright. Design rights and copyright protection are compatible because they are subject to different laws. However, in order to adjust both rights, the priority principle is applied, and a way to consider two each other is proposed at the stage of registration of rights or invalidation trial.