저작권법과 디자인보호법 상 산업디자인 권리보호 문제 - 응용미술 개념을 중심으로 -

While the concept of applied art can be as a type of art works expressing the thoughts and feelings of the creator from the viewpoint of copyright law, it can be regarded as a practical design that expresses a form of useful article through industrial processes from the view point of design protection law. Such conceptual ambivalence of applied art causes various legal problems because it causes overlap of protection scope between copyright law and design protection law. Korea is taking attitude to alleviate the protection conflict of applied arts by actively accepting the interpretation theory of the copyright law which called "separability theory” in the United States through the revision of the copyright law in 2000. However, there are many differences from the United States in terms of the structure and system of legal regulations as well as general legal principals in the copyright law. So Korea is still in the imitation stage of the theory despite the need for a careful review process. As such, just relying on foreign interpretation which has not ended the controversy over the establishment of concrete criteria is hard to expect as a stable solution to the conflict problem between two laws. This study will play a role to search for improvement measures review the problems caused by protection scope of the two laws By analyzing the protection system based on the applied art revision of copyright law and the concept of design on design protection law of legal protection of applied art. In addition, this study will suggest redefining legal concept of applied art, way for reestablishment of intellectual property eligibility criteria and adjustment of protection scope and period for being duplicated protection problem of applied arts.