지식재산권과 디자인보호법에 관한 연구

Abstract

As the economy and industry develop and the importance and value of intellectual property increase due to the advancement of science and technology, intellectual property rights are becoming a major competitiveness of the country. Accordingly, advanced countries are trying to prepare transparent legal systems and policies to protect and secure intellectual property rights. These fair legal systems and policies are to eliminate corrupt elements and factors in the field of intellectual property rights. Intellectual property is the mental product of human intellectual creative activities and has property value, and intellectual property rights that are legally recognized and protected are called intellectual property rights. Intellectual property rights can be largely divided into industrial property rights and copyrights, and new technology fields that have recently emerged and are not classified by existing classification methods are classified as new intellectual property rights. The Design Protection Act protects only the design involved in the movement of goods because it aims to contribute to industrial development as one of the types of intellectual property rights. Designs that can be protected by the Design Protection Act are products that can be traded independently and produced repeatedly. As such, it is limited to the design protection of industrial concepts based on commodities, so it is necessary to expand the concept of design in a comprehensive sense including socio-cultural concepts. Recently, non-examinationism, which is made in an effort to protect unregistered designs and shorten the design review period, has been expanding worldwide. This study examined the concepts and types of intellectual property rights and design protection laws, and examples of domestic and foreign design protection systems. The case countries were Korea, the United States, the EU, Japan, and China, which account for about 90% of the world's design applications and make up the world's top five patent office partners, IP5. and design protection laws and compares design protection laws with the principal national definitions and requirements for the design to be protected, as well as its implications.ions.