한국 디자인 창작자와 기업을 위한 중국 디자인 보호 방안 연구

Abstract

This study attempted to find out about the Chinese design system and establish a design protection strategy for Korean design creators and companies. First, in order to understand the current status of the Chinese design system, various statistics and current laws were identified. In addition, looking back on the history of the Chinese design system, the details of the recent revision of the 4th Patent Act were identified in detail. Afterwards, the Chinese design protection system was comprehensively reviewed to confirm what principles it was working on by examining the protection targets and protection requirements of Chinese design, and the criteria for determining the dispute over Chinese design infringement. Since then, China's unique design system has been dealt with separately so that it can be seen what differences design practice has with Korea's design protection law. Next, we analyzed the design precedents that Korean companies that entered China actually experienced. The "’Rock & Lock’ Thermos Design Similar Judgment" confirmed how the criteria for judging Chinese design infringement disputes are actually applied, and the "’Petielin’ Infant Bag Design Infringement Judgment" showed the court's attitude toward China's known design. Based on the existing discussions, it was intended to establish a plan to protect Chinese design. First, we looked at two measures: judicial protection and administrative relief of Chinese ionization law. Judicial protection includes civil remedies and criminal remedies, and administrative remedies include administrative punishment and mediation. In addition, the methods of protecting Chinese designs under the Trademark Act, the Unfair Competition Prevention Act, and the Copyright Act were studied. By focusing the protection requirements of each law, it was intended to suggest a way to protect the design more thickly.