디자인보호법상 디자인 무심사등록제도의 실효성 확보방안에 관한 실증적 연구

A design application for non-substantive examination is granted registration if it meets the formal requirements for filing a design application and conforms to public order. Twelve years have passed since the non-substantive examination for design application came into force in 1998, in some parts of which the examination system has improved from then. The system, however, has still have some problems with the increase of the target items and securing the effectiveness in its enforcement. This study examines the issues of the increasing or decreasing the target items and how to secure the effectiveness of non-substantive examination for design application, for which purpose the advantages and disadvantages were analyzed in substantive and design's non-substantive examination system, outlining the statistical materials on non-substantive examination of design. The method on how to secure the effectiveness was drawn in this study, in which the various issues were examined which included 1.amount restriction of target design 2.the opposition period and the increase of social cost 3.examination request for non-substantive examination application 4.exclusive rights for non-substantive examination registration 5.restriction of multiple design application. A survey was carried out for securing the effectiveness of non-substantive examination, in which examiners in charge of design examination and trial,and patent attorneys answered. On the issue of the increase of target design,the survey shows the target design for non-substantive examination should be expanded due to the increase of numbers in non-substantive examination application, references shortage and short life-cycle of design. The study explains as follows with regard to the method for securing the effectiveness of non-substantive examination in design registration, First, in the issue of request of design examination; allowing the prescribed design application for non-substantive examination to request substantive eamination if the applicant wants; thus, the stable design right can be secured. Second, the survey shows the exclusive right of design through non-substantive examination should be kept only in case that the application has been registered and maintained by examiner's decision from the right owner's request of substantive examination; thus, the stable right can be secured and dispute over the unstable right will be reduced. Third, the design application now in enforcement is limited to 20 designs in multiple application. Increasing the number of design up to 100 is needed; thus, it helps applicant to settle the inconvenience and reduce the cost, which is in accord to the multiple application system. Design, which is recognized as one of 21C's most important factors for strengthening competitiveness, needs the registration system by non-substantive examination due to design's characteristics of the rapid change of trend and its short life-cycle. Registration through non-substantive examination, however, causes some problems including unstable right and high social cost thereto. Therefore,further concrete measures including some shown in the survey should be prepared for securing the effectiveness.