개정 디자인보호법에서의 화상디자인제도에 대한 비판적 고찰 - 일본 개정 의장법상 논의를 중심으로-

The revised Design Protection Act introduced a new system for graphic image design system. Only graphic image designs that are used to Operation of the Devices or that are limited to the exercise of functions are provided as protecting the concept of article property by dismantling it in the revised Design Protection Act. And the revised Design Protection Act also provides newly that the graphic image itself is offered by means of telecommunication lines in relation to the concept of working of a design. However, we understand that the revised Design Protection Act introduced the graphic design system of the japanese revised Design Protection Act. Accordingly, in order to solve the expected problems of the graphic design system in the revised Design Protection Act, we need to review the legislative background and various critical discussions on the graphic design system of the japanese revised Design Protection Act. In particular, I think that it is necessary to refer to critical opinions on the economic effects of the new graphic design system which was discussed before it was introduced in Japan. Based on such a review, we should resolve the problems on confusions with existing protection methods, judgments of similarity and conflicts with registered designs applied previously under the old law, conflicts with copyrights, conflicts with patent rights and conflicts with the meaning of mass production in the concept of design capable of being used in industrial manufacture in the revised Design Protection Act. Since the protection of graphic images embodied in articles and the protection of graphic images themselves are mixed in the application of the revised Design Protection Act, it will be necessary to make operational skills for preventing this problems by improving the design examination guidelines. In conclusion, I think that it is desirable to introduce the concept of “product”, a term used in design acts of the European Union, rather than the existing concept of “article” to mean things that can be mass-produced within the category of “product” as protection of design under the Design Protection Act. And we also need to study legislation on this.