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산업디자인의 등록을 위한 헤이그협정의 제네바법에 관한 연구 - 국내 수용을 위한 디자인보호법의 개정 제안을 중심으로 -

A Study on Geneva Act of the International Registration of Industrial Designs - Proposals for Amendment of Korean Design Protection Act -

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초록

Today, the importance of the industrial design grows at the international market. In particular, many countries take efforts to harmonize the law and the procedure for prohibiting the industrial design copy. On July 2, 1999, Geneva Act of Hague Agreement concerning the international registration of industrial designs(“Geneva Act”) was born in Geneva to strengthen the international protection of industrial designs and to harmonize the procedures of application and registration. The Geneva Act gives an applicant the possibility of obtaining, by means of a single procedure with the International Bureau of WIPO, protection for his industrial designs in a large number of contracting country and does not require a mandatory representative. Moreover, the system of international registration of industrial designs arose from a need for simplicity and economy. In effect, it enables design owners originating from a Contracting Party to obtain protection for their designs with a minimum of formality and expense. Korea is preparing the introduction of the Geneva Act in 2012. For the successful adopt, many researches and prudent studies should be done on the amendment of the related laws and regulations. In this study I reviewed the characteristics of Geneva Act concerning Hague Agreement by some efficient and useful suggestions in order to adopt amendment of the Korea Design Protection Act.

Abstract

Today, the importance of the industrial design grows at the international market. In particular, many countries take efforts to harmonize the law and the procedure for prohibiting the industrial design copy. On July 2, 1999, Geneva Act of Hague Agreement concerning the international registration of industrial designs(“Geneva Act”) was born in Geneva to strengthen the international protection of industrial designs and to harmonize the procedures of application and registration. The Geneva Act gives an applicant the possibility of obtaining, by means of a single procedure with the International Bureau of WIPO, protection for his industrial designs in a large number of contracting country and does not require a mandatory representative. Moreover, the system of international registration of industrial designs arose from a need for simplicity and economy. In effect, it enables design owners originating from a Contracting Party to obtain protection for their designs with a minimum of formality and expense. Korea is preparing the introduction of the Geneva Act in 2012. For the successful adopt, many researches and prudent studies should be done on the amendment of the related laws and regulations. In this study I reviewed the characteristics of Geneva Act concerning Hague Agreement by some efficient and useful suggestions in order to adopt amendment of the Korea Design Protection Act.

참고문헌 (17)

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  8. Fryer, William T. Ⅲ, "The Geneva of the Hague Agreement Concerning the International Registration of Industrial Designs" (1999), Drafting History and Analysis
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  10. WIPO, "International Classification for Industrial Designs(Locarno Classification)" (2009), WIPO
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  13. WIPO, "Declarations made under the Hague Agreement", ~ (2010)
  14. WIPO, "Hague system members", ~ (2010)

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