디자인 성립요건으로써 디자인의 기술적 기능판단에 관련된 유럽연합에서의 주요 판례동향에 관한 고찰: 유럽연합 사법재판소의 최근 주요 판결분석 및 관련 다른 국가들 판례와의 비교분석과 시사점을 중심으로

As shown in the dispute over intellectual property rights between Samsung and Apple, industrial design has become more and more important in the recent intellectual property cases. While design is aimed to protect the features of the appearance of the product, patents are designed to protect ideas and functions. Accordingly, as the features and functions are protected separately, countries have introduced a so-called ‘functionality doctrine’ to prevent conflicts between the two regimes and not to hinder technological innovation. Such a doctrine has been applied in not only infringement proceedings but also invalidity proceedings. This article would like to focus on how the doctrine is applied in ‘invalidity proceedings’ and in particular, given that a number of verdicts have been given in the European Union, the relevant rulings of the Court of Justice of the European Union (CJEU) will be analyzed. Based on the analysis, this article will discuss the difference between the rulings or jurisprudence of some countries, namely the Republic of Korea and United States and those of the CJEU.