産業디자인의 著作權法上의 保護

Abstract

A design is a plan or scheme showing how something is to made or constructed, the arrangement of elements in a work of art or an article or a decorative pattern. The industrial design is the design that is able to use for industrial activities. It includes product design, package design, environment design and visual design. The subject of this study is the product design. In Korea, the Design Law is the principle law for the product deign. This study is to find out the possibility of product design protection in Copyright Law. The details of this study are as follows； 1. introduction 2. protection of design in several nations：United States of America, England, Germany, Japan and Korea. 3. relation between Copyright Law and Design Law about the product design protection in Korea 4. possibility of protection for the several product design：fiber print, type face, character product and computer design 5. conclusion The Copyright Law is conceived in order to encourage the development and distribution of works of authorship. It accomplishes this by giving authors certain exclusive rights to their work, including the right to authorize others to those rights. If such protection were absent, unauthorized reproduction and distribution would be so easily accomplished that the quantity and diversity of creative activity would be inhibited. The Copyright Law admits the applied art as a kind of protectable work. The industrial design is related to the aesthetical feature of industrial product, and it is included in the category of the applied art. Therefore, we can protect the industrial design by the Copyright Law.