디자인의 신규성 판단에서의 유사 판단 기준

The novelty of a design must be determined based on whether the registered design appears to be different from a prior design. In other words, if a registered design appears to be different from a prior design due to differences that exist in the registered design, the design should be considered novel. And whether the differences existing in the registered design are a factor that makes it appear different from the prior design, should be determined by whether such differences have a unique design feature and have a substantial impact on the overall impression of the design. In recognition of differences, the differences can be considered as unique design features when ① the difference is a new part, not found in the publicly known design (creative value), or ② it is a part that strongly attracts the viewer’s attention (economic value). If differences are considered unique design features, a comprehensive judgment must be made as to whether such differences have a substantial impact on the overall impression of the design. At this time, according to the side-by-side comparison method, if unique design features that attract the viewer’s attention are found in the registered design, there is a very high possibility that the viewer will perceive the two designs as different (distinguished), unless there are special circumstances. Therefore, if new design features that cannot be found in the public design are shown in the registered design, the novelty of the design should not be easily denied.