디자인보호법상의 성립요건에 관한쟁점과 판례 동향

Abstract

The importance of design is growing bigger and bigger in industry in according to the current design trends. Registered design is protected by the Design Protection Act. Design of Design Protection Act must have legal requirement such as an article of manufacture, configuration of article on design law, visibility, aesthetic aspect. Frist of all, an article of manufacture of design requirement means the specific tangible movables and an article of independent manufacture. Design can’t exclude an article of manufacture. Design Protection Act recently accepted the partial design, computer generated graphic designs, typeface designs. However, Design Protection Act is still becoming a key issue for the scope of the object protection and a judgment of similarity the article of manufacture. In the second requirement, the configuration of article on design law means the shape, pattern or color or any combination thereof in an article. The configuration of article on design law is the element of exterior design. It is at issue related the motion design and types of design utilization. Third requirement, the visibility should be able to see with the naked eye and understand the outside. The visibility issue is about the smallest design and the externally irrecognizable design. And finally, the aesthetic aspect is the important requirement of design establishment. The standard of judgment of aesthetic aspect is the subjective element, so it is difficult to decide. This article examined the issues and case trends on requirement of Design Protection Act. I hope this article is of some help to Design Protection Act revision going forward.