디자인 분쟁 판례 분석을 통한 복합적 디자인 권리 확보전략 방안 - 제품디자인의 유사성과 창작성 문제를 중심으로 -

This study was initiated to explore countermeasures in a social environment where design-related disputes continue to grow. The purpose of this study is to derive the main issue of dispute by analyzing the cases of dispute related to design intellectual property rights, and to derive the strategy to prevent design dispute and further secure design right. Therefore, this paper grasped the concept and scope of intellectual property rights, the requirements for design establishment and registration, the concepts of similarity and creativity in design through prior study and various literature review. It then attempted to derive the design strategy through analysis of major issues by collecting the cases of the Supreme Court in the last 10 years of product design disputes. The results and contents of the study are as follows. First, when applying a design to a product, forming a dominant aesthetic sense, would allow one to secure its function as a source indication and expanding the scope of design rights. Second, in order to prevent similarity disputes caused by simple product form, a morphological and structural transformation which can form a different aesthetic feeling from preceding design centered on the critical part is possible. Third, if there are restrictions that must include the form of well known, creativity could be secured by reflecting the structural design that accompanies functional use improvement. Fourth, when it is difficult to give identification to the three-dimensional shape itself, such as medicine or medical supplies, but is intended to register a trademark, it could be combined with symbols, letters, shapes, etc. to obtain identification. Based on the results of these studies, we hope to ensure the smooth use of design and securement of design rights while avoiding disputes caused by similarity in the field of product design.