디자인권의 침해 판단 기준에 관한 연구

Design patents are a useful tool and have been used successfully in a number of industries with longer product life cycles, such as consumer goods, tools, and jewelry. While some will debate whether Apple v. Samsung lived up to its billing as the “Trial of the Century,” one of the most difficult questions an intellectual property lawyer can be asked is whether a given product infringes a design patent. The test for determining design rights infringement is whether the alleged infringement is substantially similar with from the registered design. In assessing whether there is no substantial difference between the two, the court adopts the test of imperfect recollection. It must be decided on a comparison of the features which appeal to, and are judged by, the eye. A factor which has to be taken into account in assessing the scope of a registered design is the background of the relevant prior art in existence. However, the current design infringement test is not laid down by the Design Act. Many courts tried to establish some relevant standard for determining design right infringement. In this article, my intent is to show various proper standard for desifn infringement.