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초록

영어

A move to revise the Korean Industrial Design Protection Act(KIDPA) is in the spotlight. Korean Intellectual Property Office(KIPO) integrated the agreement implementation bill to be a member of so-called the New Hague Agreement into the amended bill which introduced to the National Assembly in 2010 but suspended, and has issued advanced notice of this one bill in 2011. One of the major issues in this bill is the definition of design which amended, in order to expand the protection scope of 2D design, by defining the items classified and illustrated by Locarno agreement such as graphic symbols, get-up, logos, comic figure, surface ornamentation etc. as an ”article”. Another major issues is an exception clause regarding the single application for single design which admit an application for a same configuration to be applicable to different articles, besides the current multiple design system. The bill also comprised Related Design for similar designs as well as user-friendly clauses like those of European Community Design Regulation(CDR). The revised act is due to KIPO's endeavor to change the current act familiar to users under the New Hague Agreement. But amended rules cause considerable concern and argument because they are conflict with a basic fundamental principle of Korean Design Protection Act under which design is inseparable from the article to which it is embodied and cannot exist alone merely as a scheme of surface ornamentation etc. Also CDR is not familiar to KIDPA based on substantive examination system. This essay pointed out issues from rule logic point of view. However, the international application procedures under the New Hague Agreement are excluded since there is no controversial issue except time to join this agreement.

목차

I. 들어가며
 Ⅱ. 2011년 입법예고의 내용
  1. 개정이유
  2. 주요내용
  3. 개정안의 배경과 주요 쟁점
 Ⅲ. 디자인의 대상 영역 확대(안 2조1호)
  1. 개정이유 및 개정내용
  2. 확대되는 디자인의 대상 영역
  3. 확대되는 보호범위
  4. 문제점
 Ⅳ. 1디자인 복수물품 기재 허용(안11조②항단서)
  1. 개정안의 내용
  2. 문제점
 Ⅴ. 관련디자인제도
  1. 개정이유
  2. 개정의 필요성과 관련디자인제도의 본질
  3. 제도 내용
  4. 문제점
 Ⅵ. 출원인의 편의 제고를 위한 개정내용
  1. 개요
  2. 공지예외 주장 절차
  3. 부분디자인의 출원시기 연장
  4. 전체 산업재산권법 속에서의 출원인의 편의
 Ⅶ. 나가며
 참고문헌
 

키워드

한국 디자인보호법 개정안 2010 2011 헤이그협정 평면디자인의 보호범위 로카르노협정 그래픽디자인 로고 겟업 Korean Industrial Design Act Hague Agreement protection scope of 2D design Locarno agreement graphic symbols get-up logos comic figure surface ornamentation bill 2010 2011. revise

저자

• 전광출 [ JOHN, Kwang-chool | 변리사, 제니스국제특허법률사무소 ]

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