디자인권의 침해와 손해배상책임

Abstract

This paper purposes to investigate the regal system of the remedy when design rights are infringed by the third party. To strengthening the competitive power of the national industry it is needed to protect the intellectual property right. The design right is also among the intellectual property right. The designs are among the creation and related the appearances of the goods, so they are easy to imitate and the damages are big when they are infringed. To the design righter it is important to regulate infringing act, but also it is more important to guarantee the remedy when they bring the lawsuit of the civil claim for damage. The design protection act regulate several devices to relieve the proof liability of the plaintiff. among them there are the provision about the assumption of the negligence on the defendant and the assumption of the amount of the damage. But there are still some problem that the amounts of the compensation are low in the damage compensation sue. The righter has some difficulty in proving the loss amount and the a gain of the defender by the infringing act, so generally the plaintiff claims the compensation by the general royalty of the design right operation which is regulated in the design protection act §64. 2. This provision can be compared to the american patent act §284 which regulate "the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty" In the future, in order to realize the reasonable compensation to the infringement of the design right it is important to set up the dispute settlement system when disputes are occurred related to the design right.