건축설계창작물에 대한 새로운 보호 방안
New Protection Method for Architectural Design Creation
1
조회
0
다운로드
1
인용
0
참고문헌
키워드
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.
Abstract
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.
참고문헌 (20)
- 박성호, "디자인보호법 개정안이 저작권법에 미치는 영향과 그 대책", 계간 저작권, 24(3), pp.54~82 (2011), 한국저작권위원회
- 건축저작물 보호에 관한 연구, "이호용", 한국저작권위원회, ~ (2009)
- 최병석, "건축설계레이아웃과 레이아웃창작물의 지식재산권적 보호", 지식재산 21 (2009)
- 박주연, "2010년 디자인보호법 개정법률안 주요내용", 창작과 권리, (60), pp.195~229 (2010), 세창출판사
- 전광출, "2011년 디자인보호법의 개정안에 관한 소고 - 2011년 6월 1일자 입법예고안을 중심으로 -", 산업재산권, (35), pp.199~235 (2011), 한국지식재산학회
- 건축설계창작물의 지식재산권적 보호를 위한 방안, "특허청", ~ (2012)
- 名越秀夫, "商標法上の商品.役務.槪念の檢討", パテント, 62 (2009), 日本辨理士會
- "Why Apple Store’s Design Patent Application is Not Necessary?" (2012)[URL]
- "Architecture & copyright controversies" (2011)[URL]
- "Protecting Architectural Innovation: Intellectual Property Regimes as Applied to Architecture"[URL]
- Phebe Mann, "Copyright Issues on the Protection of Architectural Works and Designs", Procs 25th Annual ARCOM Conference (2009), Association of Researchers in Construction Management
- "Recommended Guidelines for the Policy on Intellectual Property and Copyright"[URL]
- Daniel Su, "Note Substantial Similarity and Architectural Works: Filtering out "Total Concept and Feel"", Northwest University Law Review, 101(4), pp.1860~1866 (2007)
- "Protect Your Design: Architectural Copyright"[URL]
- Richard M. Russell, "Copyright in Architectural Drawings and Works", Massach usetts Law Review, 92, pp.25~ (2009)
- Raphael Winick, "Copyright Protection for Architecture after the Architectural Works Copyright Protection Act of 1990", Duke L.J, 41, pp.1598~1616 (1992)
- "Walking the 'Thin' Line of Architectural Copyright Protection" (2013)[URL]
- "Registered Designs – Introduction And Subject Matter"[URL]
- A Delimitation of Design Protection and Copyright, 平成17年度産業財産權硏究推進事業報告書, "Catharina Maracke", 知的財産硏究所, ~ (2006)
- Sebastian Meis, "Design Law in Germany and the European U", German American Law Journal, 15 (2006)