우리나라에서 디자인권 소진 적용 가능성 및 쟁점 연구

This study examines whether the exhaustion doctrine—traditionally rooted in copyright through statutory distribution right exhaustion and later extended to trademark and patent rights—can also be applied to design rights in Korea. The paper analyzes the theoretical foundations of exhaustion from the perspectives of “fair compensation” and the “protection of free circulation and stable transactions,” and reviews major foreign cases demonstrating that the exhaustion of design rights has become a practical issue in various jurisdictions. Based on this comparative analysis, the study assesses whether limiting the right holder’s ability to control the ordinary use and resale of a design-implemented product after it has been lawfully placed on the market aligns with the purpose and structure of the intellectual property system. Assuming that the exhaustion doctrine is applicable to design rights in Korea, the paper outlines relevant legal elements and limitations by drawing parallels with established doctrines on trademark and patent exhaustion. A design right should be considered exhausted when a product embodying the design is lawfully placed on the market by the right holder or an authorized party, whereas acts amounting to the substantial “re-manufacture” of the product fall outside the scope of exhaustion and may constitute infringement. The paper further explores the applicability of exhaustion to non-physical design elements, such as image designs, when such designs are implemented in devices or products and initially placed on the market with fair compensation. Building on these discussions, the study argues for the establishment of a systematic domestic legal framework governing the exhaustion of design rights in Korea.