국내외 디자인 보호 법적 기준 및 산업별 시장 전략 연구 -유사성과 창작성 판단의 실중 분석을 중심으로-

This study aims to systematically analyze the legal criteria and market strategies for design protection, with a particular focus on how the assessment standards of creativity and similarity influence legal protection and practical strategies. To achieve this, the research compares perceptions of design similarity and creativity among diverse stakeholders—including general consumers, practitioners, legal experts, and design examiners—based on the hypothesis of “group-specific design judgment criteria and perspectives.” The findings reveal that the criteria for evaluating creativity and similarity are applied differently across stakeholder groups. Notably, there exists a significant perceptual gap between general consumers and legal professionals regarding the legal protectability of design. Furthermore, case studies from industries such as electronics, fashion, and consumer goods demonstrate that the balance between functionality and form is a critical factor in preventing legal disputes and enhancing design protection. This study employs both quantitative and qualitative methodologies to provide empirical support for theoretical discussions. Through multifaceted analysis—including the application of statistical tools and positioning maps based on the experimental group hypothesis—the research enhances the reliability and validity of its results. This approach confirms the practical and policy-level applicability of the findings beyond academic contribution. In conclusion, to enhance the effectiveness of the design protection system, it is necessary to clarify legal criteria while also objectifying practical judgment standards. The study also provides foundational insights for establishing future design protection strategies through emerging technologies such as AI and blockchain-based systems.