畵像디자인의 意匠法에 의한 保護와 限界

Title
畵像디자인의 意匠法에 의한 保護와 限界
Authors
정병일
Keywords
법학연구, 화상디자인, 의장법
Issue Date
2003
Publisher
인하대학교 법학연구소
Series/Report no.
법학연구제6집241-280 pp.
Abstract
This is related to a study of the protection of graphical
designs displayed on electric display panels, such as
individual icons and full screens.

New amending design is considering the graphical designs
embodied in articles of manufacture to be statutory subject
matter eligible for design protection and the graphical designs
are present being protected by the part-design rules.

However, even if the graphical designs are manifested to
be a statutory subject matter belong to the articles of
manufacture there are several problems exist. For examples,
the graphical designs cannot be classified as any articles of
manufacture in itself. Thus, the titles of the designs should
be showed borrowing other titles to describe a design for an
article of manufacture such as "display panel with a compurter
icon" or " portion of a monitor displayed with computer
image. " Under the part-design rules, the properties of the
articles of manufacture to be part-design must be identical to
that of the main design. However, the titles of the
part-design and the main-design are not identical because of
the non-existence of the properties of the articles of
manufacture for the graphical designs. Therefore, It would be
happen an inconsistency of the titles where the right of the
graphical design abalienates.
The graphical designs are generated by computer software
and hardware. So, the graphical design cannot exist without
the generating means. More comfortable portection of the
graphical designs, therefore, can be considered under the
patent law than the design law. Under the patent law the
property of the articles of manufacture does not need to
consider to be a subject matter. Moreover, the claims are
more wide than that of the design law because the claims of
the patent are expressed in an abstract manner instead of
the drawings of designs. And, the graphical designs and the
means generate the designs can be protected under sole
statutory system, patent law.

The protection under the design law is not excluded even
if the design would be protected under the patent law. The
graphical design are protectable under the two protect
systems such as the design law and the patent law. By the
dual protect system the designs are promplty protectable
from infringement of the subject matter fashinalbe.
URI
http://dspace.inha.ac.kr/handle/10505/616
Appears in Collections:
연구기관 > 법학연구소 > 법학연구(法學硏究)
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