Earticle

초록

영어

In most countries, an industrial design must be registered in order to be protected under industrial law. As a general rule, to be registrable, the design must be new or under some laws original. Different countries have varying definition of such terms. The same is true for the registration procedure itself, in particular, whether an examination as to form or also as to substance, especially to determine novelty or originality, is carried out. We have three ways of registration system. Non-examination registration system is the one that is carried out for some industrial designs which have strong variability and short life-cycle. This system has shorten the term for registration and lessened the burden of time and fees that the applicants have to pay. But also this is blamed for the conflicts arisen from the uneasy state of right caused. The reason for these problems is that it was introduced based on the Patent Approach System. Industrial design may be protected as a work of art under the copyright law. In some countries, industrial design and copyright protection can exist concurrently and, In other countries, they are mutually exclusive. While screening out the substantial requirements in Patent Approach System, Copyright Approach System doesn't need the screen for the substantial requirements. Therefore the Design Right which was registered without investigating about the substantial requirements in Patent Approach System, should be restricted in the blocking effect and the exclusive effect. In this paper, I've studied on the substitute for the problems by intensifying operation of the Objection System. In conclusion, design is supposed to be protected by the Design Approach System. The worldwide trend is also to adopt the Design Approach System which carry out not only the protection of the registered design right of the patent approach system but also the protection of the unregistered design right of the Copyright approach System. To do so, it is necessary to be adjusted between Copyright Act and Design Act.

목차

I. 들어가며
 II. 현행법상 의장무심사등록제도와 2003년 무심사제도와 관련훤된 개정안
  1. 무심사등록출원의 대상 물품
  2. 무심사등록에 대한 요건심사
  3. 무심사등록제도와 관련된 복수의장등록출원제도
  4. 무심사등록제도에서의 이의신청제도
  5. 무심사등록의장권의 효력
 III. 무심사등록제도의 개선방안
  1. 무심사등록출원 대상 물품
  2. 무심사 등록에 대한 요건심사
  3. 복수의장등록출원제도
  4. 무심사등록제도에서의 이의신청제도
  5. 무심사등록 의장권의 효력에 대한 검토
  6. 기타(다른법에서의 보호)
 IV. 끝으로
 참고문헌
 Abstract

키워드

디자인 의장무심사 산업디자인 의장권의 효력 이의신청 복수의장등록출원제도 무심사등록출원 실체적 요건 형식적 요건 미등록디자인권 모방금지권 Design Non-examination Registration system Industrial Design Opposition Substantial Requirements Non-Substantial Requirements Unregistered Design Right

저자

• 윤선희 [ Yun, Sunhee | 한양대학교 법과대학 교수 ]

참고문헌

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