영국 등록 디자인 제도의 보호대상 법제사 – 근현대의 제조물품과 물품부터 현대의 제품까지 –

The United Kingdom's registered design system was introduced during the Industrial Revolution in the 18th century to protect the textile industry. It was influenced by the exclusive design protection system in Lyon, France, but was adapted to suit the domestic industrial landscape. While France experienced a discontinuity in its design protection system—abolishing the Lyon system due to revolution and war, only to reinstate it during the Napoleonic era—the UK progressively refined its registered design system without significant historical disruptions, aligning it with industrial developments. Notably, the UK developed its registered design system based on a classification framework for manufactured articles, gradually establishing a protection system distinct from copyright law. Analyzing the legislative history of the United Kingdom's registered design system is crucial for understanding the origins of the modern registered design system. It is also essential for diachronically examining the legal framework of a nation that has gradually evolved without historical discontinuity. In 1839, the United Kingdom enacted its first registered design law, introducing the concept of “any Articles of Manufacture” and establishing a classification system for manufactured articles, thereby laying the foundation for design protection. Subsequent amendments in 1842 and 1843 established a copyright-based protection framework for two types of design: ornamental design and utility design. In 1883, these two laws were consolidated into a unified copyright-based protection system. However, unlike general copyright, the copyright granted to registered designs was limited to the class of articles under which the design was registered, ensuring a clear distinction. The 1907 amendment built upon the 1883 law, revising the definition of design and introducing a separate definition for an expanded range of articles. Additionally, it defined the scope of the exclusive copyright granted to registered designs as applying to all articles within the relevant class. The 1919 law further refined the scope of protection by restricting it to ornamental elements that could be visually perceived on a finished article, explicitly excluding functional or utility aspects from protection. After World War II, the perspective on design protection shifted from a manufacturer-oriented approach to a consumer-oriented approach. Reflecting this change, the 1949 Act emphasized the importance of appearance as a key factor in consumer decision-making. As a result, industrial designs were required to possess “eye appeal” to qualify for protection, while functionality was explicitly excluded from the scope of protection. Furthermore, the 1949 Act redefined the scope of copyright protection granted to registered designs by limiting it from the broader class-based protection to a specific article-based protection, thereby ensuring that design protection applied only to individual articles. A significant transformation occurred with the 1991 amendment to the 1949 Act, which removed the term “copyright” and formally established design rights as the exclusive legal protection for registered designs. This amendment clearly distinguished the registered design system from copyright law. Consequently, the 1991 amendment marked a departure from the Copyright Approach, restructuring the registered design system as an independent legal framework. Further, the adoption of the 1998 EU Community Design Directive introduced a Design Approach, ushering in a new phase in the evolution of the system. Since Brexit, the United Kingdom has pursued an independent course, separate from the EU Community, while maintaining the autonomy of its design protection system. Through this process of development, the UK's registered design legislation has established a distinct classification system for articles and solidified the independent identity of design rights. This not only contributes to the formation of modern design protection systems but also provides significant insights into the evolution of international design law. In particular, the UK's registered design legislation, which has gradually evolved over approximately 350 years, serves as a case of institutional identity and autonomy being established through progressive legal development. This provides valuable comparative legal insights when examining the identity and legal nature of Korea's Design Protection Act, which was shaped under the influence of Japan's Design Act amid Korea's rapid industrialization. Furthermore, it offers meaningful perspectives for assessing the long-term outlook on design protection as an industrial property right.