의류 디자인의 유사성 판단에 관한 고찰 - 특허법원의 작업복 판결 (2019. 10. 31. 선고 2019허4659)과 대법원의 코트 판결 (2012. 4. 13. 선고 2011후3469)을 중심으로 -

Abstract

Design is applied to various fields, and although there may be differences in the nature or characteristics of the designs in the every field, the same standards are generally applied to judging or evaluating whether or not the designs are similar. The decisive and most important criterion for determining whether designs are similar is whether the overall aesthetics are similar. There are differences and commonalities between the compared designs, and the judgment of whether the overall design is similar may vary depending on whether these differences and commonalities are compared and whether the decision is made by focusing on the differences or the commonalities. In determining whether or not designs are similar, the aesthetics of the overall design have been applied as the most core and the most important judgment criterion. However, ambiguity could be associated with the judgment regarding the overall aesthetics itself, so the overall aesthetics would vary depending on the viewing perspective or the judge. In determining whether or not the design is similar, the Supreme Court's decision on whether or not the coat design is similar is determined by checking the waist. If there is a difference in the design of the waist, it can be said that the design is not similar overall. It seems reasonable. On the other hand, the Patent Court's court design judgment appears to have judged whether or not the designs were similar from a perspective that was overly general and lacked minimal interest in the field. As applied by the European Union in judging whether or not designs are similar, judgment based on the standards of knowledgeable users or consumers appears to be a reasonable standard that combines both expertise and an audience, even if it is not a high level of expertise.