부분디자인의 디자인권리보호와 권리가치 확대에 미치는 영향과 시사점

As the interest for design rights protection on IPR related disputes increases, the IPR related dispute between Apple and Samsung, which is continuing to this day, distinguishes itself from other IPR related disputes, which cover patent technology, in a way that it is a complex dispute that includes design rights and patent technologies. Moreover, this is a rare case which substantially and internationally covers the legal rights and amount of compensation caused by the infringement of design rights. This research has a significance in a way that it has examined the expandability of design rights on Design Protection Act, considering the system of granting design rights for part of an article, which is the unique characteristic of design that no other industrial property rights don’t have, through the comparative consideration of design system of major countries and cases and precedents of design right disputes in fashion products including design rights dispute on product design simultaneously and internationally conducted by Apple and Samsung. This research will like to examine the expandability of design right protection in a reality which society and business world are still insensible to the duplication of designs. This research is in need of characteristics of each country’s system and the active usage of them, which can be used as the anticipative, strategic protection method against future design rights dispute to be used at the beginning of the design development on the design right protection and defense method, considering the importance of IPR in the field of design.