디자인보호법에서의 기능성 원리에 관한 연구

According to the development of science and technology, various methods and functions are produced in one design and products are produced.This is not only a simple shape but also a key element in the sale of products. This is not only a simple shape, but also a key element of product sales. In general, a design can be seen as a decorative object with some functionality. In order to protect the design of these objects, the Design Protection Act was enacted and revised. According to Article 34 Subparagraph 4 of the current Design Protection Act, "Designs with only shapes essential for securing the function of goods" cannot be registered for design. In other words, the function is the object of the design application. This regulation is a regulation that is created to prevent the concern that it will hinder industrial development by preventing exclusive monopoly on the creation of technical ideas that are out of the scope of protection prescribed by the Design Protection Act. However, the functional concept as a registration requirement is important in the reality that the boundary between design functionality and decorativeness becomes ambiguous. This study examined functional principles as a main judgment and registration requirement of design according to functional principles through case and legislative analysis of functional principles in domestic and foreign design systems, and examined functional principles as a boundary classification plan of intellectual property rights and an unfair competition restriction prevention device.