디자인의 유사 판단 기준과 관련한 제 학설의 고찰

Abstract

The creation theory, confusion theory, and aesthetic sense theory that are discussed in relation to the decision of design similarity are all very subjective opinions on their own. All of these theories are very subjective on their own, but by combining the best aspects of these various theories, it becomes possible to create a very analytical and objective standard. The impression theory mentioned in the text is a theory that combines the excellent aspects of various theories by combining the modified confusion theory, which combines the creation theory and the confusion theory, with the aesthetic theory. According to the impression theory, reflecting the modified confusion theory, the new creative part and the visual part that strongly attracts the attention of consumers are confirmed as the main features of the design. In order to determine the similarity of designs, a procedure to determine whether the aesthetics or impressions are common must be preceded by comparing the main features. In order to determine the similarity of designs, a procedure to determine whether the aesthetics or impressions are common must be preceded by comparing the main features of the two designs. The final step in determining whether or not designs are similar is to determine whether the aesthetics or impressions are identical when observing the totality of various elements. In this final step, the results of the interaction of the various elements must be considered, and in particular whether the differences between the two designs will have a substantial impact on the overall aesthetic or impression between the designs. Regarding terminology, the term 'impression' is more appropriate than the term 'aesthetics' as the final criterion for determining design similarity. When the decision of similarity is made by an ordinary consumer, it is closer to reality to judge whether the impression is the same than to judge whether the aesthetic sense is the same. Therefore, as the final criterion for determining design similarity, the impression theory based on the identity of the impression given to an ordinary observer is the most reasonable theory.