현대 산업환경 하에서 실용신안제도의 활성화 방안 -한중일 실용신안법 비교분석을 중심으로-

Abstract

The initial utility model system was introduced in developing countries in the age of industrial development to protect their technology, which is less advanced than patented invention, but in need of protection. However, under the modern industrial environment, where technology is progressing gradually and cumulatively in various industrial fields, the utility model system needs to be transformed into a system for encouraging incremental technological innovation and technology diffusion rather than protecting the technologies of the less advanced ones. In order to find ways to revitalize the utility model system reflecting the characteristics of modern industrial society, in this article, I will try to suggest ways to improve the utility model system as a technical protection system that complements the patent system through comparative studies on the utility model law of Korea, China and Japan. Korea, China and Japan have adopted the utility model system, but the method of examination and the requirements for exercising the rights after registration are different, and there is a noticeable difference in their utilization rates. As of 2016, the proportion of utility model applications in the total number of patent and utility model applications is 52% in China, while the number of utility model applications is larger than that of patents. On the other hand, the rate of utility model applications in Korea is 4% and that of Japan is 2%. This may be interpreted as a result of differences in technology levels in each country, but institutional differences in each country have a greater impact on the difference in utilization rates. In this paper, I review the application trends of utility models and present implications through comparative analysis of utility model systems in Korea, China, and Japan. Next, I will suggest ways to improve the utility model law in Korea that reflects the industrial technology environment of modern society.